An overloaded bus accident in Jiangxi caused 7 deaths and 7 injuries. Who should be responsible for the accident?

An overloaded bus accident in Jiangxi caused 7 deaths and 7 injuries. Both drivers have violated the law and should be responsible for this major traffic accident.

I. Event Review 20265438+65438 IN0+654381October 26+05: 45, a bus of Jiangxi BZH985 SAIC Datong brand from Ganzhou, Jiangxi, overloaded with 7 people, then departed from Shantou, Guangdong, and the destination was Ganzhou, Jiangxi, and went to Xunwu County, Ganzhou, Jiangxi, which was 3/KLOC of Xunwu Expressway. It collided with Jiangxi EB858 1 light dump truck, causing 7 deaths and 7 injuries. After the incident, the local traffic police have controlled the driver and related responsible persons.

Second, the driver's responsibility According to the preliminary investigation, the driver of Jiangxi BZH985 has serious fatigue driving, illegal operation, illegal modification and serious overcrowding behavior, and the EB858 1 light dump truck that collided with the car also has overload behavior.

1, Jiangxi BZH985 Driver's Responsibility

There is no doubt that the driver of Jiangxi BZH985 has committed a traffic accident because of his major illegal behavior, and the circumstances are particularly bad. Relevant laws and regulations are as follows:

criminal law

Article 133 Whoever, in violation of traffic regulations, has a major accident, causing serious injury or death to others 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; 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.

In this case, the driver of Jiangxi BZH985 caused more than 2 deaths or more than 5 serious injuries, and was fully or mainly responsible for the accident, which was a particularly bad circumstance. Therefore, the driver of Jiangxi BZH985 should be sentenced to 3 to 7 years in prison.

2. Jiangxi EB858 1 Responsibility of drivers of light dump trucks

In this case, if Jiangxi EB858 1 is equally responsible for the accident, it can also be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. Because according to the relevant laws and judicial interpretations, causing more than 6 deaths and taking equal responsibility for the accident also belongs to other particularly bad circumstances of the crime of causing traffic accidents.