Who's to blame for a series of car accidents?

Mr. Yin Guangyu, graduated from Southwest University of Political Science and Law, specializes in handling road traffic accident disputes, civil and commercial contract disputes, and company equity disputes. Law theory is profound, experienced in practice, since the practice, for a large number of difficult cases, to maintain the legitimate rights and interests of the parties. Zibo People's Broadcasting Station news channel “law in the side” column guest host.

One evening in July 2008. the sky is drizzling, Sun Mou with an umbrella across the road, when Sun Mou walked to the middle of the road, by Li Mou driving a motorized tricycle from north to south, Sun Mou knocked down on the ground. Li Mou see hit a person, panicked and drove away. Moments later, Han driving an Audi A6 and has been knocked to the ground Sun Mou, Han immediately stopped to dial 122 alarm and call 120 emergency, but Sun Mou sent to the hospital after the rescue failed to die. The next day tricycle driver Li Mou took the initiative to surrender. The public security department autopsy, Sun was hit to death, but the death is the first few impacts lead to can not be identified. A few days later, the traffic police made two accident certificate, respectively, Li Mou, Han Mou is fully responsible for the accident.

In this road traffic accidents, sun has been two motor vehicles, which led to the consequences of death, then li mou, han who should sun's death bear civil liability, and how to bear it? In a road traffic accident caused a death, and is fully responsible for has constituted the crime of traffic accident, in this accident, li mou, han mou should bear what kind of criminal responsibility?

In the civil liability, li mou and han mou should be liable for the death of sun mou joint and several liability. In civil liability, joint and several liability is a special form of liability, it is based on the law or the agreement of the parties. For example, joint tort liability, joint and several guarantee liability is a typical form of joint and several liability. Specifically to this accident, Li Mou and Han's behavior is a form of joint tort, that is, several actors without common fault, but the direct combination of their behavior led to the same damage results in tort. In the law that a number of torts directly combined with the occurrence of the same damage, should bear joint and several liability. And several torts indirectly combined with the assumption of liability, such as a person in the ultra-high illegal structures lead to high-voltage electric shock torts. In judicial practice, direct and indirect combination of the main difference is: 1. each actor whether all have positive harming behavior 2. it is indivisible damage results; 3. each actor's behavior and damage results have direct causal relationship. In this case, Li, Han are both harmful behavior, the two behavior to cause Sun's death result is inseparable, the two behavior and Sun's death have a direct causal relationship between. Therefore, in this case, li mou and han mou's tortious behavior led to the death of sun mou, belongs to the joint tort, should bear joint and several civil liability.

The assumption of criminal liability and civil liability has more stringent requirements, there must be sufficient evidence to prove that the criminal's behavior led to the occurrence of the consequences of the damage. In this case, if Li's first impact led to Sun's death, then Han hit just Sun's body, Han should not be held criminally liable; on the contrary, if Han's second impact led to Sun's death, then Li is just Sun's injuries, can not be said to be held criminally liable. Inability to find out whose negligent behavior led to the death of Sun's premise, Li, Han will not be held criminally responsible because of insufficient evidence.