4,778 Yuan Bus-Truck Collision Injury: Transport Company and Truck Driver Split Liability Equally for Passenger Hurt in Intersection Crash
A bus passenger injured when the vehicle collided with a truck at an intersection was awarded 4,778 yuan in damages, with the transport company and the truck driver each ordered to pay half after the court rejected the passenger’s claims for property damage and higher lost income.
In July 2011, a large passenger bus operated by a transport company was traveling through an intersection when it collided with a truck driven by another defendant. Traffic police determined that the bus driver and the truck driver bore equal responsibility for the accident, as both had failed to exercise proper caution at the crossing.
The passenger, who was aboard the bus, suffered injuries requiring emergency treatment. Medical expenses totaled 2,698 yuan, with additional claims for nursing costs, hospital food allowance, and twenty days of lost income. The passenger also claimed 1,700 yuan for a mobile phone allegedly damaged in the collision and 6,000 yuan in lost wages based on a salary payment record.
The court adjusted several claims downward. The lost income calculation was reduced from the claimed 6,000 yuan to 1,846 yuan because the passenger failed to provide tax documentation supporting the higher figure; instead, the local average wage was applied. The nursing fee was also reduced from 240 yuan to 184 yuan based on standard rates. The property damage claim for the mobile phone was denied entirely due to insufficient evidence linking the phone’s damage to the accident.
Although the truck carried mandatory traffic insurance, the plaintiff and all defendants mutually agreed to waive the insurer’s priority payment, so the insurer was not required to contribute. The transport company, as the bus driver’s employer, and the truck driver each bore 50 percent of the 4,778 yuan total, paying 2,839 yuan each after rounding adjustments. The 70 yuan court fee was reduced to 35 yuan, with the plaintiff bearing 21 yuan for the rejected claims.