车祸导致他人死亡

jielun89

[ 本帖最后由 jielun89 于 7-8-2009 01:15 AM 编辑 ]

kaiyet

motor vehicle accident 警方提控？sure boh？

长空任我翱翔

原帖由 kaiyet 于 7-8-2009 08:52 AM 发表
motor vehicle accident 警方提控？sure boh？

有可能。

王律師

原帖由 kaiyet 于 7-8-2009 08:52 AM 发表
motor vehicle accident 警方提控？sure boh？

有的， 而且死人喔

平时的 小 accident  都有 “警方提控”的，大多数人还 compound、settle

王律師

原帖由 jielun89 于 7-8-2009 01:14 AM 发表
请教一下，是不是保险公司负责律师费，还有赔偿？

通常 保险公司 只是 cover civil suit 的 律师费

警方 起诉 的 是 criminal case， 应该没 cover

不过， 请 contact 你 的 保险公司， 就算没 cover criminal case 的 律师费， 他们会因为有 “vested interest”， 会很乐意的 “帮”你 （介紹他们的 panel lawyers）

因为如你在 criminal court 被判有罪， 会影響 civil court  的 claim , (保险公司 要賠）

[ 本帖最后由 王律師 于 7-8-2009 06:59 PM 编辑 ]

titian

CIVIL CLAIM－保险公司负责全部律师费和赔偿，除非你的保险过期了，不过你的哥哥要出庭做证。。。只与提控，是看他们的调查结果先。。。你的CASE，查了才回复，不过不会事啦。 TRY TO CONTACT 你的保险公司。应该发款了事（NOT SURE，CHECK N LET U NOE）。
最快一年半完，慢的话可能到４－５ 年。。。

jielun89

感谢王律师和titian。

beeking

昨天我表哥也是因为车祸，而撞死了迎面而来的电单车骑士。。那个人当场死亡。。
表哥开的是公司车， 如果是表哥的错，会被判怎样的刑罚呢？？

长空任我翱翔

给大家参考：
Section 41. Causing death by reckless or dangerous driving.
(1) Any person who, by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road, and the amount of traffic which is or might be expected to be on the road) is dangerous to the public, causes the death of any person shall be guilty of an offence and shall on conviction punished with imprisonment for a term of not less than two years and not more than ten years and to a fine of not less than five thousand ringgit and not more than twenty thousand ringgit.

(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.

(3) A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than three years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction.

(3A) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.

(4) The court may upon the trial of a person for an offence under this section convict such person of an offence under section 42 or 43.

(5) Notwithstanding anything in any written law for the time being in force, the court before which a person is charged with an offence under this section shall order the immediate confiscation of the driving licence of that person and shall order the suspension of the licence commencing from the date the charge is first read to that person and such suspension shall have effect -
(a) until the court makes a final decision on the charge; and

(b) as if the suspension is the suspension referred to in section 32.
(5A) If the driving licence of the person referred to in subsection (5) is incorporated in a multipurpose electronic card or device, the order of the court under that subsection shall be deemed to have been complied with if the particulars of the order are included in the database maintained by or on behalf of the Director General of driving licences granted under this Act and holders of such driving licences.

(5B) Notwithstanding subsection (5A) , the Director may direct the person referred to in subsection (5) to surrender, within such period as the Director may specify, the multipurpose electronic card or device in which the driving licence is incorporated to him, or to a road transport officer authorised in writing in that behalf by the Director General, for the inclusion in the data stored in the card or device the particulars of the order of the court made under subsection (5) and the Director or such authorised officer shall, after such inclusion, immediately return the card or device to the person.

Section 42. Reckless and dangerous driving.
  (1) Any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be liable to punished with imprisonment for a term not exceeding five years and to a fine of not less than five thousand ringgit and not more than fifteen thousand ringgit and, in the case of a second or subsequent conviction, to imprisonment for a term not exceeding ten years and to a fine of not less than ten thousand ringgit and not more than twenty thousand ringgit; and


( 2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.

(3) A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than two years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction.

(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.

Section 43. Careless and inconsiderate driving.
(1) A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and shall on conviction be punished with a fine of not less than four thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months.

(2) The court shall, (unless for any special reason it thinks fit to order otherwise), order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.

(3) On a second or subsequent conviction under this section, the court shall exercise the power conferred by this Part ordering that the offender shall be disqualified from holding or obtaining a driving licence unless the court having regard to the lapse of time since the date of the previous or last previous conviction or for any other reason (which reason shall be stated in the order), thinks fit to order otherwise, but this provision shall not be construed as affecting the right of the court to exercise the power aforesaid on a first conviction.

(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.

[ 本帖最后由 长空任我翱翔 于 10-8-2009 03:50 PM 编辑 ]