In the event of an accident causing death, the liability for non-contractual damages will arise. However, to determine this amount of compensation must be based on many factors. So, according to the law, what is the level of compensation when causing a fatal traffic accident? To better understand the legal regulations on this issue, Lawyer X invites readers to refer to the article below
Legal grounds
Civil Code 2015
Principles of compensation for damage when causing an accident that causes death
Article 585 of the 2015 Civil Code defines the principles of compensation for non-contractual damage as follows:
- Actual damage must be fully and promptly compensated. The parties may agree on the level of compensation, the form of compensation in cash, in kind or performance of a job, the mode of compensation once or many times, unless otherwise provided for by law;
- The person responsible for compensation for damage may be entitled to a reduction in compensation if there is no fault or unintentional fault and the damage is too great compared to his or her economic ability;
- When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party has the right to request the Court or other competent State agency to change the compensation level;
Regulations on the act of participating in traffic causing an accident
Clause 2, Article 260 of the Penal Code 2015 clearly mentions the crime of traffic violations causing accidents
Who participates in road traffic; which violates regulations on road traffic safety in one of the following cases; shall be fined from VND 30,000,000 to VND 100,000,000; non-custodial reform for up to 03 years or imprisonment from 01 to 05 years:
Killing 01 person or causing injury; or cause harm to the health of 1 person with an injury rate of 61% or more;
Inflicting injury or causing harm to the health of 02 people; with an injury rate of each person from 31% to 60%;
Inflicting injury or causing harm to the health of 3 or more people; that the total injury rate of these people is from 61% to 121%;
Causing property damage from 100,000,000 VND to under 500,000,000 VND.
This is also the basic criminal composition that contains the hallmarks of this crime. Any person who commits a crime that contains this marking is the legal basis for the determination of the crime.
What to do if you accidentally cause a traffic accident?
In the event of a traffic accident where the person causing the accident causing the death of another person is walking on the road; It is divided into the following three cases:
If the fault is determined from a violation of the regulations on participating in road traffic according to Clause 1, Article 260 of the Penal Code 2015, as amended and supplemented in 2017; in this case, the person causing the accident still has to bear criminal responsibility and pay compensation for damage according to regulations.
If the error is determined to be an unintentional error under Clause 1, Article 128 of the Penal Code 2015, as amended and supplemented in 2017; the person causing the accident still has to bear penal liability; but the penalty will be much lighter than the error determined from the violation specified in Clause 1, Article 260 of the Penal Code 2015, amended and supplemented in 2017; at the same time still have to compensate for the damage to the victim and the victim’s family.
Where the person causing the accident is determined to be not at fault causing damage; then the person causing the accident only needs to pay compensation for the victim’s family members and the victim according to Article 601 of the Penal Code 2015, amended and supplemented in 2017.
Please see more
- Handle car owners when lending causes traffic accidents in Vietnam
- Responsibility of car owner when driver cause accident in Vietnam
- Determining the fault factor when a traffic accident occurs in Vietnam
Compensation for causing a fatal traffic accident
Based on the above principles, first of all, the level of compensation for causing a fatal accident shall be agreed upon by the two parties. This is also a basic principle of civil law. The law respects all commitments, agreements do not violate the prohibition of the law, do not violate social ethics …
However, if the party causing the accident and the victim’s family cannot agree on the amount of compensation, Article 591 of the Civil Code also specifies the grounds for determining the compensation level, including:
– Damage due to compromised health:
- Reasonable expenses for the treatment, fostering and rehabilitation of the aggrieved person’s health and functions lost or reduced;
- The actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot be determined, the average income of the same type of worker shall apply;
- Reasonable expenses and actual lost income of the carer of the aggrieved person during the treatment period; if the aggrieved person loses his working capacity and needs someone to take care of him regularly, the damage includes reasonable expenses for caring for the aggrieved person;
- Other damage prescribed by law;
- Reasonable expenses for burial;
- Alimony for those for whom the aggrieved person is obliged to support;
- Other damage prescribed by law;
- Money to compensate for mental loss for the first-line heirs of the aggrieved person, if these people are not available, the person whom the aggrieved person has directly raised, the person who has directly raised compensation for the affected person is entitled to this amount.
The level of compensation for mental loss shall also be agreed upon by the parties; if no agreement can be reached, the maximum level for a person whose life is infringed shall not exceed 100 times the base salary prescribed by the State (currently 1,490,000 x 100 = VND 149,000,000).
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Frequently asked questions
The driver causing the accident must pay for the following expenses:
1. Costs for compensation for damage caused by health damage
2. Reasonable expenses for burial.
3. Alimony for those for whom the aggrieved person is obliged to support.
4. Money to compensate for mental loss for loved ones
The act of causing a traffic accident and then fleeing has not reached the level of criminal prosecution; Depending on the type of vehicle that person drives, there will be a fine according to Decree 100/2019/ND-CP
Acts of causing traffic accidents and then fleeing, causing serious consequences; or causing death is an aggravating circumstance; prescribed in Clause 2, Article 260 of the Penal Code 2015
Conclusion: So the above is Compensation for causing a fatal traffic accident in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
