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How to deal with escaping from a traffic accident?

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Source: Legal Chart Compilation · 2024.03.04 · 15827 people have seen it
Guide: If a party escapes after a traffic accident, the specific sentencing standard should be judged according to the specific situation. If there is no traffic accident, the party should be detained for less than 15 days. If there is an accident, the party may be held criminally responsible.

 How to deal with escaping from a traffic accident?

I Escape in traffic accident What to do

Escape after causing a traffic accident According to different situations, the following actions should be taken:

1. If a person escapes after causing a traffic accident but does not constitute a crime, the public security organ shall impose a fine ranging from 200 yuan to 2000 yuan, and may also detain him or her below 15 yuan

2. For occurrence Major traffic accidents If a crime is constituted and no escape is made, the public security organ shall revoke the motor vehicle driver's license in addition to investigating criminal responsibility according to law

3. If a serious traffic accident occurs, constitutes a crime, and escapes, the public security organ shall revoke the motor vehicle driving license in addition to investigating the criminal responsibility according to law, and may not obtain a new motor vehicle driving license for life

2、 What is the responsibility of escaping from a traffic accident

happen traffic accident Those who escape later shall bear the following legal responsibilities:

(I) civil liability

If the driver escapes, he/she will bear all the liability for compensation for the accident. If the other party is also at fault, he/she can reduce the liability. If the motor vehicle involved in the accident has compulsory insurance, the insurance company shall compensate within the limit of liability of the motor vehicle compulsory insurance, and the insufficient part shall be compensated by the hit and run person without commercial insurance.

(2) Administrative responsibility

If a person escapes after a traffic accident, but does not constitute a crime, he shall be fined not less than 200 yuan but not more than 2000 yuan, and may also be detained not more than 15 days;

If a person escapes after a traffic accident and constitutes a crime, the traffic police department of the public security organ shall revoke his motor vehicle driving license, and shall not obtain a new motor vehicle driving license for life.

(3) Criminal responsibility

General Traffic accident crime , less than 3 years fixed-term imprisonment or criminal detention But if Traffic accident There are two cases of escape behavior:

1. The driver escapes in order to avoid the obligation to rescue the victim, knowing that a traffic accident has occurred Crime of omission Its act obligation comes from the previous act of causing trouble, and this omission crime is actually Abandonment crime For the act of committing an offence, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.

2. If the driver intentionally fails to rescue the victim after the traffic accident, resulting in the death of the victim who may not be rescued but may not be rescued, he shall be sentenced to more than 7 years of fixed-term imprisonment. If the driver takes the victim away from the scene of the accident to hide or abandon the victim after the traffic accident in order to avoid legal investigation, resulting in the death or serious disability of the victim due to the inability to receive assistance Intentional homicide perhaps Crime of intentional injury Treatment.

According to《 criminal law 》Article 133: Violation of traffic and transportation management statute , thus causing serious injury or death or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If he escapes after a traffic accident or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the escape causes death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

To sum up, the party who caused the traffic accident should actively report to the police. The victim needs to report to the police immediately after the accident, because the staff will investigate the scene after the accident and divide the responsibilities. The victim must be careful to keep the relevant scene evidence

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