1. The car accident happened at 7: 30 on March 4th, 2004. The perpetrators failed to call the police in time, delaying the rescue for two hours. According to Article 7 of Chapter II "On-the-spot Handling" of the Measures for Handling Road Traffic Accidents, "the vehicle involved in a traffic accident must stop immediately, and the parties concerned must protect the scene, rescue the injured and property (the location should be marked when moving), and immediately report to the public security organ or the traffic police on duty for handling", the actor obviously failed to fulfill his responsibility of timely rescuing the injured and avoiding the accident from expanding.

2. The identification of equal liability in the Measures for Handling Road Traffic Accidents is defined as follows: violations have basically the same role in traffic accidents, and both parties bear equal responsibilities. However, from the "Road Traffic Accident Scene Map" drawn by the traffic police on-site investigation, it can be seen that the perpetrator's car crossed the road center line several meters from the rear and hit the deceased. With this, it can be based on the second paragraph of Article 19 of Chapter III "Responsibility Determination" of the Measures for Handling Road Traffic Accidents. "The violations of both sides are responsible for traffic accidents, and the party that plays a greater role in traffic accidents bears the main responsibility, and the other party. Obviously, the speeding of the accident vehicle can't be controlled, which leads to crossing the middle line of the road, which is the root cause of the accident directly. The accident could have been avoided if the perpetrators didn't take emergency measures properly. If it is considered as equal responsibility, it is like pedestrians on sidewalks on both sides of the road, which are irrelevant to each other, but the leftmost pedestrian rushes in front of the rightmost pedestrian from behind and steps on the front person, but claims that the front person is in the way and asks the front person to bear half the responsibility. Isn't this ridiculous? Therefore, the responsibility should be that the perpetrators bear the main responsibility and bear at least 70% of the responsibility.

Secondly, I think the amount of compensation should be at least 208,250 yuan (the total compensation listed below is 297,500 yuan, and the truck owner should pay 297,500× 70% = 208,250 yuan), for the following reasons:

1. Legal basis: According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Interpretation), the compensation shall at least include the following items:

① Death compensation100000 yuan. Article 29 of the Interpretation: Death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court of appeal is located, and it is calculated for 20 years. In 2003, the per capita income of farmers in Wangcheng County was 3,608 yuan, which was 72 160 yuan in 20 years. According to Article 30 of the Interpretation, if the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the sued court is located, the disability compensation or death compensation can be calculated according to the relevant standard of his domicile or habitual residence. The average annual income of farmers in the place where the deceased is located is at least 5000 yuan. Calculated by 5000 yuan, it should be 100000 yuan in 20 years.

② The living expenses of the dependents are 37,500 yuan. Article 28 of the Interpretation: The living expenses of the dependents shall be calculated according to the degree of incapacity of the dependents and the per capita consumption expenditure of urban residents and the per capita annual living consumption expenditure of rural residents in the last year where the appealed court is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years. It is understood that in 2004, the two women of the deceased were under 13 years old and raised to 18 years old, totaling 10 years old. The father of the deceased counted at least five years. Three people together at least 15 years. In 2003, the per capita annual living expenditure of rural residents in Wangcheng County was not less than 2,500, 15, or 37,500. However, such a little compensation, even to pay the living expenses of the dependents, can not cope with the tuition fees of two students and the medical expenses of the elderly.

③ The funeral expenses are 20,000 yuan.

(4) Medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, food subsidies for hospitalization, necessary nutrition expenses, and transportation expenses, accommodation expenses and lost time expenses for relatives to handle the funeral. It is 40,000 yuan, based on the provisions of Article 17 of the Interpretation.

⑤ Compensation for mental damage100000 yuan. For the following reasons (all statements are true):

1. The deceased was an only child and was the main labor force in the family.

2. After the accident, the injured died because the perpetrators did not actively rescue them. When discussing compensation, the perpetrators tried their best to shirk their responsibilities, which led to the delay in paying compensation.

3. The procedure of the Road Traffic Accident Scene Map was illegal, and the perpetrators colluded with relevant personnel, so that the family members of the deceased failed to sign the scene map for confirmation. Article 17 of the Procedures for Handling Road Traffic Accidents stipulates that "after the scene map of traffic accidents is drawn, it shall be signed or sealed by the inspector and the draftsman. If the parties are present, they may be required to sign; If the party concerned is not present or unable to sign, the witness shall sign or seal it; If there is no witness or the party refuses to sign, it shall be recorded. " The relevant personnel did not perform this procedure.

4. The perpetrator colluded with the relevant personnel to forge the accident certificate, and concealed the accident scene map of Changsha Public Security Traffic Police Detachment from the family of the deceased, which prevented the family of the deceased from knowing the truth and infringed on the family's right to know.

5. In April 2004, the perpetrator colluded with the relevant personnel to trick the deceased's wife into signing the accident adjustment conclusion in the name of signing in, which violated Zhao's obligation to tell the truth and seriously hurt the feelings of the deceased's family.

2. Related compensation cases: Regarding the amount of compensation, there are similar compensation cases in the newspaper.

① On June 2001July 65438+6, the murder case of Xu in Weiyuan County, Sichuan Province was identified by the central focus interview. Two years later, the court ruled that the murder case was compensated for 99,000 yuan and four traffic policemen were brought to justice.

② In September, 2006, the unclaimed corpse 1 1 was sued by the traffic police and compensated 163 19.8 yuan. On June 2, 2007, a 50-year-old unknown woman died in a traffic accident in Qidong County, and the local traffic police came forward to claim RMB190,000. The compensation for these two unknown bodies is kept by the authorities and will be paid immediately after it is found that someone has claimed it.

③ In 2006 1 month 10, Pan Dequan died in a car accident at the age of 60 at the same section. Before that, the sons of Wang Houming, Li Rixing and Wang Shaoxiong were killed in a car accident. These were handled by Yang Jun, a traffic policeman (who is also a case handler), and he paid about 200,000 yuan.