Legal analysis: If the other party refuses to compensate, you can first go to the traffic department and ask the traffic police to mediate. If the other party still refuses to mediate, you can go to the court with the accident liability certificate and all invoices for the treatment. When suing, if the other party has insurance, the insurance company can be sued together as the defendant and the defendant. If you have no money for treatment during the treatment process, you can file a lawsuit first

What to do if the other party who is responsible for the traffic accident does not come

Legal analysis: If the other party refuses to compensate, you can first go to the transportation department , let the traffic police come forward to preside over the mediation. If the other party still refuses to mediate, you can bring the accident liability certificate and all the invoices for the treatment to the court to sue. If the other party has insurance, you can sue the insurance company together as the defendant and the defendant. If you have no money for treatment during the treatment process, you can first sue and apply for early execution or apply for the traffic accident relief fund.

Legal basis: Article 1179 of the "People's Republic of China and Civil Code" who infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, Hospital food subsidy and other reasonable expenses for treatment and recovery, as well as reduced income due to missed work.

If disability is caused, assistive device fees and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.

Article 133 of the Criminal Law of the People's Republic of China and the People's Republic of China Whoever violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing heavy losses to public or private property, shall be punished A person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; a person who escapes after a traffic accident or has other particularly serious circumstances shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years; and a person who causes death due to escape shall be sentenced to a fixed-term imprisonment of not less than seven years.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents" Article 2 Anyone who causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:

(1) One person died or three or more people were seriously injured, and they were fully or mainly responsible for the accident;

(2) Three or more people died, and they were equally responsible for the accident;

(3) Causing direct losses to public property or other people's property, bearing all or major responsibility for the accident, and being unable to compensate for an amount exceeding 300,000 yuan.

If a traffic accident causes serious injuries to one or more people, if the person is fully or mainly responsible for the accident and falls under any of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

(1) Drunk or under the influence of drugs Driving a motor vehicle while under the influence of drugs;

(2) Driving a motor vehicle without driving qualifications;

(3) Driving a motor vehicle knowing that it has incomplete safety devices or malfunctioning safety parts

(4) Driving knowingly that it is an unlicensed or scrapped motor vehicle;

(5) Driving with a serious overload;

( 6) Fleeing the scene of the accident in order to avoid legal prosecution.

What should the traffic police do after a truck hits someone?

Legal analysis: 1. Rescue the injured and property, investigate the scene, collect evidence, and restore traffic as soon as possible.

2. If the accident is serious or serious, report it immediately to the superior traffic management department or relevant departments.

3. After the traffic accident scene map is drawn, the surveyor and draftsman should sign or seal it. If the parties are present at the scene, they should sign or seal it. If they are not present or are unable to sign, a witness should sign or seal it. If there are no witnesses or the party refuses to sign, it should be recorded in the record.

4. If the parties involved in a traffic accident escape or drive away from the scene, the public security and traffic management department must promptly arrange for a pursuit. If necessary, they can report the incident to the relevant regional public security and traffic management department for assistance in the investigation.

5. The period for temporarily detaining a vehicle suspected of a traffic accident, vehicle license plate and driver's license due to inspection and appraisal is 20 days; if an extension is required, it can be extended for 20 days with the approval of the higher-level traffic management department.

6. Question the parties, witnesses and relevant personnel.

7. Collect and extract traces and physical evidence from the traffic accident scene.

8. For those who do not pay in advance or are unable to pay in advance the rescue and treatment fees, the public security organs can temporarily impound the vehicle of the person responsible for the traffic accident, and the period of temporary vehicle impoundment can be until the end of the damage compensation adjustment.

9. If a party involved in a traffic accident becomes disabled due to injury, he or she may apply to the public security organ for a disability assessment within 15 days after treatment is completed. After receiving the application for disability assessment, the public security organ will assess the disability level within 30 days. If the party concerned is dissatisfied with the assessment, he or she may apply to the higher-level public security agency for re-assessment within 15 days, and the higher-level public security agency will make a re-assessment decision within 30 days after receiving the application.

10. After inspection and identification of the body of the deceased in a traffic accident, the management department of the public security organ will send a "Notice for the Disposal of the Corpse" to the relatives of the deceased. If the funeral matters are not handled within the time limit, the management department shall, with the approval of the superior responsible person, The competent public security organ sent personnel to forcefully dispose of the body.

Legal basis: "Measures for Handling Road Traffic Accidents" Article 24 Traffic police investigating the scene of a road traffic accident shall take photos of the scene, draw scene maps, extract traces, Physical evidence and production of on-site investigation records. If a road traffic accident occurs that kills three or more people, on-site filming shall be carried out.

The scene map and on-site investigation record shall be signed by the traffic police, parties or witnesses participating in the investigation. If the parties or witnesses refuse to sign or are unable to sign or there are no witnesses, they shall be recorded in the record.

What should I do if the other party who is responsible for a traffic accident does not come? What should the traffic police do after a truck hits someone @2019