First of all, the death caused by a traffic accident is a criminal case. If there is no impediment such as an accident, it should be identified as a traffic accident crime, but the identification of a criminal case will not prevent civil compensation. For personal damage and property damage, the actor should compensate.
Secondly, if the infringement causes personal damage to others, it shall compensate the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated.
Thirdly, if the infringement on the personal rights and interests of others causes property losses, compensation shall be made according to the losses suffered by the infringee or the interests obtained by the infringer; If it is difficult to determine the losses suffered by the infringee and the benefits obtained by the infringer as a result, and the infringee and the infringer do not agree on the amount of compensation, and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.
[Legal Basis]
Article 1182 of the Civil Code of the People's Republic of China states that if property losses are caused by infringing upon the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringee or the interests obtained by the infringer; If it is difficult to determine the losses suffered by the infringee and the benefits obtained by the infringer as a result, and the infringee and the infringer do not agree on the amount of compensation, and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.
