Calculation method of traffic accident in Fengxian District
1、 Publicized data of Fengxian District Statistics Bureau:
1. The per capita disposable income of the whole city in the previous year was 79610 yuan;
2. The per capita disposable income of urban households in the previous year was 84034 yuan;
3. The per capita disposable income of rural households in the previous year was 39729 yuan;
4. The per capita consumption expenditure of urban residents in the previous year was 48111 yuan;
5. The per capita consumption expenditure of rural residents in the previous year was 27430 yuan;
6. Average wages of employees in all industries and industries in the previous year (year/person):
(1) Agriculture, forestry, animal husbandry and fishery: 69504 yuan
(2) Mining industry 67457 yuan
(3) Manufacturing industry: 86707 yuan
(4) Electricity, heat, gas and water production and supply industry 134343 yuan
(5) Construction industry 73221 yuan
(6) Wholesale and retail business 97427 yuan
(7) 109125 yuan for transportation, warehousing and postal service
(8) 50328 yuan for accommodation and catering
(9) 143350 yuan for information transmission, software and information technology service industry
(10) Financial industry 131573 yuan
(11) Real estate industry 91617 yuan
(12) 75274 yuan for leasing and business services
(13) Scientific research and technical service industry 139416 yuan
(14) 69001 yuan for water conservancy, environment and public facilities management
(15) 76355 yuan for resident service, repair and other service industries
(16) Education 111035 yuan
(17) Health and social work 142942 yuan
(18) 96891 yuan for culture, sports and entertainment
(19) More than 126860 yuan for public management, social security and social organizations
2、 Calculation method of traffic accident compensation in Fengxian District:
1. Medical expenses
It is determined according to the medical expenses, hospitalization expenses and other collection vouchers issued by the medical institution, combined with medical records, diagnosis certificates and other relevant evidence
2. Lost time cost
Determined according to the income of the victim and the time lost
Lost time pay=the victim's fixed income (day/month/year) × lost time or (the average income of the last three years or the average wage of employees in the same (near) industry where the court is located in the last year ÷ 365 days) × lost time days
3. Nursing expenses
It is determined according to the income of nursing staff, the number of nurses and the duration of nursing
If the nursing staff has income, it shall be calculated by referring to the standard of work delay fee; If nurses have no income or employ nursing workers, they shall be calculated according to the labor remuneration standard of local nursing workers engaged in nursing of the same level
4. Transportation expenses
Calculated according to the actual expenses incurred by the victim and his/her necessary caregivers for medical treatment or transfer to another hospital
5. Hospitalized food allowance
Hospitalized food allowance=food allowance standard for general staff of local state organs on business trip (yuan/day) × length of stay
If the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons, the actual accommodation and food expenses (reasonable part) of the victim and his/her caregivers also belong to the category of hospitalization food subsidies
6. Nutrition expenses
According to the disability of the victim and the opinions of the medical institution, 20-40 yuan/day × nutrition period
7. Accommodation expenses
The accommodation expenses actually incurred by the victim and his/her nursing staff when the victim really needs to go to other places for treatment and cannot be hospitalized due to objective reasons; Accommodation fees indicated by the victim's relatives for funeral when the victim dies
8. Disability compensation
(1) The victim is under 60 years old
Resident disability compensation=per capita disposable income of urban residents in the previous year where the court is located × 20 years × disability coefficient
(2) The victim is between 60 and 75 years old
Resident disability compensation=per capita disposable income of urban residents in the last year where the court is located × (80 age) × disability coefficient
(3) The victim is over 75 years old
Resident disability compensation=per capita disposable income of urban residents in the previous year where the court is located × 5 years × disability coefficient
9. Disability aids
Calculated according to the reasonable cost standard of common and applicable appliances; If the injury has special needs, the corresponding reasonable cost standard can be determined with reference to the opinions of the auxiliary appliance preparation organization. The replacement cycle and maintenance cost of auxiliary appliances shall be determined according to the opinions of the preparation organization
10. Funeral expenses
Amount of compensation for funeral expenses=average monthly wage standard of employees in the previous year at the location of the court of appeal × 6 months
11. Death compensation
(1) The victim is under 60 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 20 years
(2) The victim is between 60 and 75 years old
Compensation for death of residents=per capita disposable income of urban residents in the last year where the court is located × (80 age)
(3) The victim is over 75 years old
Compensation for death of residents=per capita disposable income of urban residents in the previous year where the court is located × 5 years
12. Living expenses of dependants
(1) The dependant is under the age of 18
Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the last year where the court is located × (18 - actual age of the dependents) ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(2) The dependant is between 18 and 60 years old, unable to work and has no other source of income
Compensation amount for living expenses of residents and dependents=(per capita consumption expenditure of urban residents in the last year where the court is located × 20 years) ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(3) The dependant is 60-75 years old, unable to work and has no other source of income
Compensation amount for living expenses of residents and dependants=per capita consumption expenditure of urban residents in the previous year where the court is located × [20 years - (actual age of dependants - 60)] years ÷ number of dependants × disability compensation coefficient (If the victim dies, the coefficient is not included in the calculation)
(4) The dependant is over 75 years old, unable to work and has no other source of income
Amount of compensation for living expenses of residents and dependents=per capita consumption expenditure of urban residents in the last year where the court is located × 5 years ÷ number of dependents × disability compensation coefficient (if the victim dies, this coefficient is not included in the calculation)
(5) When there are several dependants
If there are several dependants, the total amount of annual compensation shall not exceed the per capita consumption expenditure of urban residents in the previous year
13. Comfort fund for mental damage
The spirit damage solatium refers to that when the victim suffers serious personal injury, disability or death, the victim and his close relatives suffer great mental trauma, and based on this, the compensation obligor is required to pay a certain amount of compensation to the victim and his close relatives. The specific amount should be based on the degree of fault of the infringer, the consequences of the traffic accident Comprehensive determination of the infringer's economic capacity, local economic development and other factors
14. Property loss
The compensation items for traffic accidents may also include the expenses incurred for maintaining the damaged vehicle, the loss of the articles contained in the vehicle, the vehicle rescue fee, the replacement fee for the vehicle lost or unable to repair, the reasonable shutdown loss caused by the inability to engage in corresponding business activities, and the reasonable expenses for the ordinary alternative transportation vehicles caused by the inability to continue using non business vehicles
