The latest compensation standard for fatal traffic accidents in Nantong

Legal analysis: If a traffic accident causes the death of the victim, it shall compensate the funeral expenses, living expenses of the dependents and death compensation. According to Article 27 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, the funeral expenses shall be calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located. Paragraph 1 of Article 28 stipulates that the living expenses of the dependents shall be calculated according to the degree of incapacity of the dependents, and according to the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the last year where the Court of Appeal is located. Article 29 stipulates that the death compensation shall be calculated for 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court of appeal is located. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.

Legal basis: Article 1 179 of the Civil Law of People's Republic of China (PRC) infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the reduced income due to absenteeism.

If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic laws and regulations, thus causing serious accidents, causing serious injuries or deaths or causing heavy losses to public or private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of traffic accidents.

Article 2 If a traffic accident occurs under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;

(2) An accident in which three or more people died and were equally responsible;

(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.

If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

(a) driving a motor vehicle after drinking or taking drugs;

(2) Driving a motor vehicle without driving qualification;

(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;

(4) Driving with knowledge of unlicensed or scrapped motor vehicles;

(five) serious overload driving;

(six) to escape from the scene of the accident in order to escape legal investigation.