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If one of the husband and wife dies in a traffic accident, the party causing the accident needs

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If one of the husband and wife dies in a traffic accident, the party causing the accident needs


        

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  • 2024-06-29 10:00:51

    After the loss caused by the traffic accident, "who to seek compensation", "how much loss" and other issues are the most concerned issues of the victim. Article 76 of the Traffic Safety Law stipulates the principle of strict liability for civil compensation for traffic accidents between motor vehicles and pedestrians, and non motor vehicle drivers, to reflect the protection of vulnerable traffic groups. It is quite different from the no fault principle in the past. Generally, the motor vehicle party shall bear civil liability. No civil liability shall be borne unless it is proved that the damage was intentionally caused by the victim; If there is evidence to prove that the non motor vehicle driver or pedestrian is at fault, and the motor vehicle driver has taken necessary measures to deal with it, the liability may be reduced.
    As for the compensation items and calculation standards, all localities shall determine the base number and duration of each compensation item and calculate the total amount according to the per capita disposable income of urban residents, per capita net income of rural residents, per capita consumption expenditure of urban residents, per capita annual living consumption expenditure of rural residents, average wages of employees, etc. of the province (district, city) in the previous year published by the Provincial Bureau of Statistics. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases refers to the expense standard of the place where the court is located, which refers to the province, autonomous region or municipality directly under the Central Government where the court is located.
    If personal injury is caused, the compensation items and standards shall be calculated according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases. The main items of personal injury compensation are: medical expenses; Lost time cost; Hospitalized food allowance; Nursing expenses; Living allowance for the disabled; Disability equipment cost; Funeral expenses; Death compensation; Living expenses of the dependents; traffic expense; Accommodation fee, etc. Among them, the cost of lost time includes two parts, one is the cost of lost time caused by the party's inability to work during medical treatment and hospitalization, and the other is the cost of lost time due to handling the aftermath of traffic accidents. The third is the cost of inspection and identification of minor and serious injuries and disability levels, indirect losses caused by the suspension of operating vehicles, vehicle rescue costs, parking care costs, etc.
    In the case of traffic accident disputes, the scope of property damage compensation mainly includes: car repair fees; Loss of goods on the vehicle, etc. Vehicle repair fee: it shall be determined according to the reasonable amount on the vehicle repair invoice. If the vehicle has been scrapped, it shall be compensated at a discount; The compensation for the damage to the articles on the vehicle in the accident shall be based on the actual loss or the evaluation conclusion of the evaluation agency.
    If the victim or the near relatives of the deceased suffer from mental damage, and the person with the right to compensation requests the people's court for compensation for mental damage consolation, the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts shall apply. Mental damage: refers to the damage to the spiritual activities of the civil subject, resulting in the loss or impairment of the spiritual interests of the civil subject. It is recognized by the Law of Tort, and is parallel to property loss, death, injury, and social evaluation reduction. Tort acts on the personal rights of injured natural persons, especially the adverse abnormal mental conditions caused by personality rights. It belongs to non property damage. Non property damage refers to the loss of non-material interests and personal interests caused by illegal infringement of the legal protection of the obligee's personality rights, identity rights and property rights.

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