Today, LSX Lawfirm will give you an article about: “Determining the fault factor when a traffic accident occurs in Vietnam”, as follows:
The concept of liability for damage in traffic accident
Liability to compensate for material damage is the liability to compensate for actual material loss, calculated in money. It is caused by the party in breach of the obligation, including property damage. Whereas only costs to prevent, limit damage reduction, real income is lost or reduced.
Those who cause mental damage to others by infringing upon the life, health, honor, dignity and reputation of others. In addition to stopping the violation, make a public apology and rectification. compensate a sum of money to the aggrieved person.
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Grounds for compensation for damage in traffic accident
Pursuant to Article 584 of the 2015 Civil Code stipulates the grounds for arising damage compensation as follows:
“ Article 584. Grounds for arising liability to compensate for damage
1. Those who commit acts of infringing upon the life, health, and cause damage. He/she must pay compensation, except for the case of the Ministry. This law and other relevant laws provide otherwise.
2. The person causing the damage is not responsible for compensation for damage in case force majeure events cause the damages. Besides, it is entirely the fault of the aggrieved party, unless otherwise agreed upon or provided for by law. other rule.
3. Thirdly, where property causes damage, the owner or possessor of the property shall be responsible for compensating for the damage, except for cases of damage arising as prescribed in Clause 2 of this Article.”
Thus, the obligation to compensate for damage will arise when the following factors are present:
- There is actual damage occurring, an illegal act, a cause-and-effect relationship between the illegal act and the damage that occurs.
- The person causing the damage is at fault.
Error from both sides (mixed error)
In case both parties cause the fault, they will be responsible for their own fault.
Liability to compensate for damage in traffic accident
the costs that will be counted as compensation costs when life is violated:
- Reasonable expenses for the treatment, fostering and care of the victims before death.
- Reasonable expenses for burial include payments for the purchase of coffins, items necessary for burial, funeral towels, incense, candles, flowers, hearse hire and other expenses for burial or cremation the victim according to common practice.
- Alimony for those for whom the aggrieved person must support. Besides, only consider the alimony for those for whom the aggrieved person obligate to support. If before the victim’s health are actually performing their alimony obligations. Those who are being supported by the aggrieved person shall be compensated for that corresponding alimony amount. For those for whom the aggrieved person is performing the maintenance obligation but after the aggrieved person loses his/her health to work. These persons shall compensate with a reasonable alimony in accordance with the provisions of this Law. Income and actual ability of the indemnified person, essential needs of the indemnified person
According to Clause 1, Article 260 of the Penal Code 2015 amended and supplemented in 2017 as follows:
“ Article 260. Crime of violating regulations on participating in road traffic
1. Those who participate in road traffic and violate regulations on road traffic safety and cause damage to other people in one of the following circumstances shall be subject to a fine of between VND 30,000,000 and 100,000,000 dong, non-custodial reform for up to 03 years or imprisonment from 01 to 05 years:
a) Causing death;
b) Inflicting injury or causing harm to the health of 01 person with an injury rate of 61% or higher;
c) Inflicting injury or causing harm to the health of 02 or more people with the total injury rate of these persons from 61% to 121%;
d) Causing property damage of between VND 100,000,000 and under VND 500,000,000. ”
First, in case the investigation agency’s conclusion determines that there is no criminal sign:
In case the investigation agency concludes that there are no signs of crime, the parties can agree on the level of compensation. The law does not specify a level of compensation, but the parties will agree with each other based on the above grounds (mentioned in Section 1.2). If the agreement between the two parties fails, Party A can sue Party B at the people’s court where Party B is residing.
Second, in case the investigation agency concludes that there are signs of crime:
In this case, even though both parties have agreed on the amount of compensation, they will still prosecute (because it is not under Article 155 of the Criminal Procedure Code 2015 Only prosecuted at the request of the victim).
According to the resolution 326/2016/UBTVQH14, the first-instance court fee and advance payment for the case has a value of: 300,000 VND
Pursuant to Article 589 of the 2015 Civil Code stipulates the damage caused by infringing property as follows:
“Article 589. Damage caused by infringing property
First, damage caused by infringing property includes:
1. Property is lost, destroyed or damaged.
2. Benefits associated with the use and exploitation of lost or reduced properties.
3. Reasonable costs to prevent, limit and remedy damage.
4. Other damage prescribed by law.”
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