A 50-person bus crashed into the water in Shijiazhuang, and 10 people were missing. Will the driver be sentenced? How to compensate?

The driver has been controlled, and the probability of sentencing is extremely high, so he has to bear the liability for compensation.

A commuter bus of Ye Jing Group in Shijiazhuang, Hebei Province fell into the river, causing heavy casualties. At 7: 00 am on June 1 1, a commuter bus carrying 5 1 person overturned and fell into the water at Wangmu Bridge on Hutuo River. Up to now, it has been confirmed that 13 people were killed and 1 people lost contact. Among the rescued employees,

Although the employees on the bus belong to the special group, according to an employee, due to the large increase in the number of employees, the purchase of vehicles was delayed, so a bus was temporarily rented. The driver's unfamiliarity with the route may also be one of the reasons for the tragedy.

Speaking of accident responsibility, the relevant departments are still doing accident identification, but from the comprehensive information of several aspects, the driver is hard to blame:

First of all, a bridge is being built near the incident, and the driver involved took a fork in the road, which was barely passable before, but in recent days, the river has risen and the water surface is higher than the road surface. It is said that the traffic police department had stopped the wading vehicles before the incident, and two of them chose to detour, but the commuter car insisted on passing despite the obstruction, which led to the tragedy.

However, during the construction of the new bridge, this passage was not completely closed. The villagers nearby said that only when the flood goes upstream, the road surface will be covered with water, and there are also security personnel on duty to avoid accidents. Moreover, a long time ago, the county government approved the new bridge to be completely broken during the construction period, and vehicles that need to pass through this area have priority to bypass S24 1.

From this point of view, the sidewalk next to it is not completely closed. Commuter drivers should know that the road often overflows, but they didn't expect the road to overflow after 7 o'clock, not to mention that wading will lead to the rollover of the vehicle, or they are too confident in their driving skills or misjudge the road conditions, which leads to the tragedy.

What kind of punishment will the driver receive? At present, the driver of the accident has been controlled and the responsibility for the accident is still under investigation. According to the current laws and regulations and past cases, the driver who caused the accident is likely to be prosecuted for "traffic accident" or "negligent death".

Although the two charges are different, the degree of punishment is basically the same. Judging from the current economic losses and casualties, drivers are likely to face up to seven years in prison.

Of course, the biggest feature of these two crimes is "involuntary intention", or unintentional death. The cause of death lies in misjudgment of road conditions or overconfidence in driving skills. "Non-subjective intention" is very important, which is an important reason why drivers will not "save their lives".

For example, in 2020, a taxi driver in Zhengzhou pulled a drunk passenger. Because he was unconscious, the driver got off the bus and left, but the passengers didn't leave in time and were run over by the car. Afterwards, the taxi was charged with "negligent death" and was finally sentenced to five years in prison.

In an extreme case, the driver may be sentenced to death, but the probability of this happening is extremely low:

For example, the driver wants to "drive into the river" out of revenge or other psychological subjectivity. If there is subjective intention, then we can't simply convict the crime of causing traffic accidents or negligent death. What awaits him is the crime of intentional homicide or the crime of endangering public safety.

Whether it is intentional homicide or endangering public safety, the most severe punishment is the death penalty.

To sum up, there is no specific answer to what kind of punishment drivers will face. The key depends on the investigation of the driver and whether he has "subjective and intentional" behavior in this accident, which is an important basis for whether he needs to "pay for his life".

What compensation can the victim get? The compensation that victims can get mainly comes from the following aspects:

First, the accident happened on the way to work. According to the relevant provisions of the Social Security Law, injuries or deaths due to traffic accidents on the way to and from work belong to work-related injuries or work-related deaths, and the social security fund is responsible for paying medical expenses, one-time pensions, funeral expenses and other related expenses. The social security fund's payment is delayed, and the priority payment comes from vehicle insurance:

The second is vehicle insurance, including compulsory insurance and commercial insurance. According to the current compensation standard, the death compensation standard for each victim is about one million, and the total compensation amount for 13 victims should be above100000. It is estimated that the amount of commercial insurance cannot be fully covered.

The third is from the driver involved. No matter whether the driver involved is finally judged as "traffic accident crime" or intentional homicide, the injured or their families can file incidental civil compensation, and they can't escape the driver's liability for compensation.

Written at the end: In summary, the driver is likely to be sentenced, and the lightest may be the crime of causing traffic accidents or negligent death. The maximum sentence for these two crimes is 7 years; If after-the-fact investigation finds that the driver is subjective and intentional, then such a major casualty accident will inevitably be sentenced to death. Of course, the probability of the driver's subjective intention is extremely low, and we prefer to believe that this is an accident of misjudgment.

As for compensation, whether it comes from drivers, social security or insurance companies, it seems a bit insignificant in front of precious lives.

This tragedy also reminds drivers that they must drive safely, detour ahead of time when encountering roads with unknown road conditions, don't be careless, and don't be blindly confident in their driving skills!

Yes, the criminal law stipulates three to seven years for the crime of causing traffic accidents.

Regarding compensation, there are standards, hundreds of thousands per person. The driver can't afford it, so it is estimated that there is insurance. In addition, enterprises can compensate, and dedication is a big group.

That is, people can't come back from the dead, so it's better not to happen. Both ends of the bridge should be blocked and no traffic is allowed.

"13 died 1 lost contact" A driver in Hebei forcibly crossed the river. Drivers will be sentenced, and there are three possible charges, namely, the crime of endangering public safety by dangerous means, the crime of endangering public safety by dangerous means by negligence and the crime of causing traffic accidents.

The crime of endangering public security by dangerous means may be sentenced to death, and the crime of endangering public security by dangerous means and the crime of causing traffic accidents by negligence may be sentenced to a maximum of seven years' imprisonment.

Personally, I think the driver may constitute the crime of endangering public safety in a dangerous way through negligence, and the maximum sentence is seven years' imprisonment.

The main difference between these crimes lies in the driver's subjective psychology when committing a crime.

If you deliberately drive a car on a bridge, indulge or pursue the consequences of causing passengers to die, this is a deliberate crime, which constitutes a crime of endangering public safety in a dangerous way and will be sentenced to death.

If at the time of committing the crime, the driver should have foreseen that driving the car to the bridge would cause water in the car, but he believed that he could cross the bridge quickly without causing casualties. This is negligence, which constitutes the crime of endangering public safety by dangerous means or the crime of causing traffic accidents. The maximum penalty is seven years' imprisonment.

According to reports, the traffic police intercepted the vehicle before the incident. At that time, three cars tried to cross the Wang Mu Bridge, and the other two cars bypassed. This car insisted on crossing.

The reason why vehicles insist on passing is because the nearby villagers once said that there was a heavy rainfall recently and the upstream reservoir released water, which led to the rise of the water level in the Hutuo River. Before the incident, the section of the bridge was controlled and was not allowed to pass. Many vehicles, especially cars, basically bypassed the old bridge next to it. If you take the old bridge, you need to take the old road around the village, and the cart may not be easy to get in. Therefore, the vehicle involved in the accident chose to take the Wang Mu Bridge to wade across the river.

From the above analysis, it can be concluded that if the driver does not take the Queen Mother Bridge, the cart needs to bypass and the road is not easy to walk. Subjectively, drivers don't have the psychology of pursuing or letting others die, just to avoid detours and take more roads. Subjectively, it should be the fault of overconfidence, which constitutes the crime of endangering public safety by dangerous means.

Drivers also need to compensate the casualties for medical expenses, death compensation and other expenses, which will be a great compensation.

According to the provisions of Article 179 of the Civil Law of People's Republic of China (PRC), medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation caused by infringement on others. And compensate for 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.

1. Medical expenses. Medical expenses include not only the past medical expenses, such as treatment expenses, medical expenses and hospitalization expenses, but also the future medical expenses, such as rehabilitation expenses, plastic surgery expenses and other follow-up treatment expenses. Evidence to prove medical expenses mainly includes medical records (outpatient medical records, hospitalization medical records), detailed list of hospitalization expenses, receipts, diagnosis certificates, etc. Subsequent medical expenses, such as rehabilitation expenses and cosmetic expenses, can be prosecuted separately after actual expenses.

2. Lost time. Lost time expenses include: salary, funds, allowances, class fees, etc. Generally, it is necessary to issue a work unit's lost time certificate, a salary table and a vacation certificate issued by the hospital. If there is no work unit, refer to the average salary of employees in the same industry in the previous year.

3. Nursing expenses. A diagnosis certificate issued by a medical institution that needs nursing; If the nursing staff has income, nursing expenses = lost time expenses; If the nursing staff has no income, the nursing fee = remuneration standard of local nursing workers at the same level x nursing days (no more than 20 years) x number of nursing workers (in principle1; Medical institutions or appraisal institutions have a clear opinion, can refer to determine the number of nursing staff).

4. Transportation expenses. Actual transportation expense documents need to be submitted.

5. Nutrition fee. According to 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 determination of nutrition fees is based on two aspects, one is the disability of the victims, and the other is the opinions of medical institutions. Disability needs nursing to identify the injury, and medical institutions need to issue a diagnosis certificate, which indicates strengthening nutrition. The standard of nutrition cost compensation can be calculated according to the proportion of 40% to 60% of the average living standard of local residents.

6. Hospitalization food allowance. The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that the food subsidy for hospitalization can be determined with reference to the food subsidy standard for ordinary staff of local state organs.

7. Disability compensation. Conclusion of disability appraisal. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (Fa Shi [2003] No.20) Article 25 Disability compensation shall be calculated according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located, and shall be calculated for 20 years from the date of disability. 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.

8. Disability AIDS. If the injured disabled person has to prepare prosthetic limbs, scooters and other auxiliary devices due to the needs of daily life or auxiliary production labor, the hospital certificate shall be used to calculate the cost of domestic ordinary devices.

9. Dependent's living expenses. Proof of family members' relationship, proof of family situation, household registration book and household registration certificate of dependents.

10. funeral expenses and death compensation. Cremation certificate and death certificate.

First, the driver will definitely be sentenced. Due to the driver's carelessness and misjudgment, he forced his way through the dangerous area, resulting in a serious traffic accident in which 13 people died and 1 people lost contact. The driver is fully responsible for the accident. This kind of behavior must at least constitute a traffic accident crime, and according to the law, it must be sentenced to at least 3-7 years in prison.

Second, how to compensate for this catastrophic traffic accident should be divided into the following four parts:

A, the enterprise according to the industrial injury compensation for the dead and wounded, belongs to the scope of responsibility of industrial injury, because these employees are in the commuting period. People who die in this way can get compensation for work-related injuries in enterprises, and everyone can get compensation of several hundred thousand yuan.

B. If the vehicle has purchased the personnel liability insurance on board and the occupants in the vehicle have purchased accident insurance by themselves, the insurance company will make compensation within the insured amount.

C. civil compensation for the driver who caused the accident. This compensation is a bit difficult. Because it is a serious traffic accident and there are many casualties, it may be necessary to go to court through litigation, and the court will allocate it according to the amount of compensation that the driver may come up with.

D, because this is a serious traffic accident, which has a deep impact, the competent government department may also assume management responsibility. In order to appease the families of the deceased, the government department may also take out a little pension to comfort the families of the deceased.

In short, safety in production is more important than Mount Tai, and safety accidents must be eliminated in the bud!