How to compensate for a drunk driver’s collision: legal analysis and compensation standards
In recent years, traffic accidents caused by drunk driving have occurred frequently and have become the focus of social attention. Drunk driving not only endangers public safety, but also causes huge economic losses and mental harm to victims and their families. So, how should you compensate after a drunk driver hits someone? This article will combine the hot topics and hot content on the Internet in the past 10 days, analyze the liability for compensation for drunk driving and hitting someone from a legal perspective, and provide structured data for reference.
1. Legal liability for drunk driving
Drunk driving is an illegal act. According to Article 133 of the Criminal Law of the People's Republic of China, drunk driving causing serious injury or death or causing heavy losses to public or private property shall constitute the crime of traffic accident and may be sentenced to a maximum of seven years in prison. In addition, drunk drivers also need to bear civil liability for compensation, including medical expenses, lost wages, nursing expenses, disability compensation, death compensation, etc.
| Responsibility type | Legal basis | Penalty standards |
|---|---|---|
| criminal liability | Article 133 of the Criminal Law | A maximum of seven years or more in prison |
| civil liability | Article 1179 of the Civil Code | Compensation for medical expenses, lost wages, disability compensation, etc. |
| administrative penalty | Article 91 of the Road Traffic Safety Law | The driver's license is revoked and cannot be re-acquired within five years. |
2. Compensation items for drunk driving collisions
After a drunk driver hits someone, compensation items mainly include the following categories:
| Compensation items | Specific content | calculation standard |
|---|---|---|
| medical expenses | Treatment, hospitalization, surgery, etc. expenses | Actual reimbursement with receipt |
| Lost work fee | Reduced income due to missed work due to injury | Calculated based on the actual income of the victim |
| Nursing fee | Nursing staff fees | Calculated according to local nursing industry standards |
| Disability compensation | Compensation for disability due to injury | Calculated based on disability level and local per capita income |
| death benefit | Compensation for death due to accident | Calculated based on local per capita disposable income |
| Compensation for mental damages | Compensation for mental anguish | Ruling based on the specific circumstances of the case |
3. Example of calculation of compensation amount
The following is an example of compensation calculation for a drunk driver who hits someone and is disabled (taking the 2023 standards of a certain place as an example):
| Project | Amount (yuan) | Remarks |
|---|---|---|
| medical expenses | 50,000 | actual expenses incurred |
| Lost work fee | 30,000 | Monthly income of 5,000 yuan, missed work for 6 months |
| Nursing fee | 15,000 | Nursing for 3 months, 5,000 yuan per month |
| Disability compensation | 200,000 | The disability level is level six |
| Compensation for mental damages | 50,000 | court ruling |
| total | 345,000 | - |
4. Disputes and Resolutions on Drunk Driving Compensation
In actual cases, drunk driving compensation often causes disputes due to the following issues:
1.Insurance denial: Drunk driving falls under the insurance exemption clause. The insurance company may refuse to pay compensation, and the victim needs to make a claim directly from the perpetrator.
2.Insufficient ability to compensate: The perpetrator may not be able to afford high compensation, resulting in the inability to protect the rights of the victim.
3.Disputes over division of responsibilities: In some cases, the victim may be at fault (such as running a red light) and needs to share the responsibility proportionally.
Ways to resolve disputes include:
-Negotiation and mediation: The two parties reached a compensation agreement through negotiation.
-litigation settlement: The victim can file a lawsuit in court to demand compensation from the perpetrator.
-social assistance: For perpetrators who are unable to compensate, victims can apply for the Road Traffic Accident Social Assistance Fund.
5. How to avoid drunk driving tragedy
Drunk driving harms others and yourself, prevention is the key:
1.Strengthen legal publicity: Popularize the dangers and legal consequences of drunk driving.
2.Strict enforcement of laws: Increase the investigation and punishment of drunk driving to create a deterrent.
3.Chauffeur service: Choose driving or public transportation after drinking alcohol.
4.Supervision by relatives and friends: Relatives and friends should promptly discourage drinkers from driving.
The issue of compensation for drunk driving involves legal, moral and social responsibilities. I hope this article can help everyone better understand the relevant legal provisions. It also calls on the whole society to jointly resist drunk driving and create a safe traffic environment.
check the details
check the details
en
