Traffic accidents that cause death are an age-old problem related to people’s consciousness. Traffic violations affect many people; not only about property but also directly related to life. So, how much is the compensation level for causing a fatal accident? Should the driver who caused the fatal accident go to jail? Let’s find out with Lawyer X through the article below:
Legal grounds
Penal Code 2015 was amended and supplemented in 2017
Civil Code 2015
Regulations on the act of participating in traffic causing an accident
Clause 2, Article 260 of the Penal Code 2015 mentions the crime of causing an accident when participating in traffic
– Who participates in road traffic; which violates regulations on road traffic safety in one of the following cases; shall be fined from 30,000,000 VND to 100,000,000 VND; non-custodial reform for up to 03 years of imprisonment from 01 to 05 years:
– Killing one person or causing injury, or causing 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; the total injury rate of these people is from 61% to 121%;
– Causing property damage from VND 100,000,000 to under VND 500,000,000.
This is also the basic criminal composition that contains the hallmarks of this crime. Any person who commits a crime containing this criminal mark is the legal basis for the determination of the crime.
How much is the amount of compensation for causing a fatal accident?
Based on the above principles, first of all, the level of compensation for causing a fatal accident shall discuss by the two parties. This is also the basic principle of civil law. The law respects all commitments and agreements that 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 level of compensation for damage caused by infringing health and life, including:
Property damage
According to Article 589 of the 2015 Civil Code, damage caused by infringing property includes:
Property is lost, destroyed, or damaged.
+ Benefits associated with the use and exploitation of lost or reduced assets.
+ Reasonable costs to prevent, limit, and remedy damage.
+ Other damage prescribed by law.
Damage due to compromised health
+ Reasonable expenses for treatment, fostering, and rehabilitation of lost health and functions; loss of the aggrieved person;
+ The actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot be determined; then the average income of workers of the same type shall apply;
+ Reasonable expenses and actually lost income of the carer of the damaged person during the treatment period; if the aggrieved person loses his ability to work and needs someone to take care of him regularly; besides, the damage includes reasonable expenses for the care of the aggrieved person;
Damage caused by life being violated
In addition to criminal liability under article 260 of the Penal Code 2015; Damage-causing subjects also have to bear civil liability according to Article 591 of the Civil Code 2015:
+ Damage caused by infringing health as prescribed in Article 590 of this Code;
+ Reasonable expenses for burial;
+ Alimony money for those for whom the damage sufferer is obliged to support;
+ Other damage prescribed by law.
The person responsible for compensation must also pay another sum of money to compensate for the emotional loss of the relatives of the first heirs of the victims. If there is no such person, the person whom the aggrieved person directly takes care of and the person who the aggrieved person gets this amount.
Other damages prescribed by law
– Money to compensate for mental loss for the first-order heirs of the victim; if these people are not available, the person that the victim has directly raised; the person who has directly raised the aggrieved person gets this amount.
The level of compensation for mental loss shall also discuss by the parties; if no agreement is reached, the maximum level for a person whose life is infringed shall not exceed 100 times the basic salary prescribed by the State; (currently 1,490,000 x 100 = 149,000,000 VND).
Please see more articles:
Procedures for transferring motorbike name in Vietnam
Determining the fault factor when a traffic accident occurs in Vietnam
Frequently asked questions
According to Article 586 of the 2015 Civil Code, the age group responsible for compensation for damage; stipulates as follows:
Persons aged full 18 years or older who cause damage must compensate for themselves
Persons aged between full 15 years old and under 18 years old, who cause damage, must compensate with their property. If it is not enough, parents must compensate for the missing part
Persons under 15 years of age who cause damage shall:
If there are still parents, the parents must compensate for the entire damage
If causing damage during the school’s direct management, the school must compensate for the damage.
However, in cases where the school can prove that it is not at fault in the management, the parents or guardians must compensate.
For the act of falling asleep while driving, leading to a fatal accident, the driver of the vehicle will be punished according to the provisions of 2015 revised and supplemented Penal Code 2017. Specifically, the fines for The act of falling asleep while participating in traffic causing death will be specified in Article 260 of the Penal Code 2015, amended and supplemented in 2017, and can be sentenced to between 7-15 years of imprisonment.
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