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The Study Of Traffic Accident Damages Compensation

Posted on:2004-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:H ZouFull Text:PDF
GTID:2156360122485141Subject:Law
Abstract/Summary:PDF Full Text Request
Traffic accident means that the power-vehicle driver damages other people's body andproperties on negligence when driving in the road. As long as it serves as vehicle path and isopen to the public, it is viewed as road. The vehicle accident is traffic accident if only ithappens in the road or public traffic location, no matter whether it moves or not. Vehicle driving is a very dangerous behavior; the responsibility of a traffic accident is acivil responsibility and should be cognized on non-fault principle. The responsible person should be cognized according to who drives and has benefit ofthe vehicle: the driver should compensate the victim if he drives for himself ; if the driver ishired by another person , then the hirer bears the compensation responsibility; the vehicleowner bears the pre-compensated responsibility if the driver runs away or can notcompensate for the victim. The pre-compensated responsibility is particular related personbears the compensation responsibility beforehand, it is an extended protection for the victim.The vehicle owner is judged to who drives and has benefit of the vehicle. There are specialties in cognizing the responsible person: if the accident vehicle isstolen because the owner doesn't take care it purposely, then he will compensate the victimtogether with the thief; if the owner isn't purposive, he only bears the burden of pre-paidduty. If the vehicle is in repair when the accident happens, the owner only bears the pre-paidduty. In a vehicle deal contract, if the buyer and the seller don't change the name of owner ina register transfer, then the pre-paid duty is burdened on the buyer. The lessor and lesseeshould compensate the victim together if they have a lease on the vehicle. If the victim is disabled, the responsible person should compensate not only him butalso his legal bring-ups and those who have not any earning resources and are brought up by 3him actually, and others that rescued the victim. If the disability makes himself or hisparents,spouse and children pain in the spirit, he will be compensated by the responsibleperson. The necessary living compensation of the former two kinds of people is decided bywhat they actually need and the troublemaker's economic ability, and the living conditionsof common people in their areas. If the victim's disability or death makes himself or his parents and children pain in thespirit, they will be compensated. The amount is decided and given fixedly, once accordingto the living conditions of common people in their areas. There are two items needed toconsider: if the victim is disabled, the compensation is decided by his age, his status in thefamily, the injury position, recovery degree, body function loss, and the troublemaker's fault;if the victim is dead, the compensation is decided by his remainder life, his economic statusin the family and the relationship with other people in the family. If the traffic accident damages the fetus's health and life, and makes his bring-up die orlose the labor ability, the fetus is entitled the rights to have compensation of body damageand his bring-up damage and spirit-damage-claim compensation. The latter two rights arelimited to the living fetus in his birth. If the fetus is dead in his birth, his parents delegate himto claim for the compensation, at the same time, the parents have the spirit-damage-claimright. If the fetus isn't dead in his birth, then all the three rights are exerted by himself.
Keywords/Search Tags:Compensation
PDF Full Text Request
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