81,252 Yuan Traffic Accident Compensation: Truck Driver and Insurer Split Liability for Passenger Injuries

A passenger injured in a collision between a truck and a motorcycle was awarded 81,252.28 yuan in total compensation, with the truck owner’s insurer paying 55,200 yuan under mandatory traffic insurance and the truck owner personally paying 26,052.28 yuan for the remaining liability share.

In July 2009, a medium-sized dump truck collided with an unregistered motorcycle at an intersection, injuring both the motorcycle driver and the passenger. Traffic police determined the truck driver and motorcycle driver shared equal responsibility for the accident. The passenger, who was not at fault, suffered serious injuries including bilateral frontal lobe contusions, subdural hematomas, pulmonary contusions, and a left tibial fracture, requiring 28 days of hospitalization.

Medical expenses totaled 81,553.36 yuan after the court excluded a 31 yuan unnamed receipt and 307 yuan in meal charges. The passenger’s injuries were assessed as both grade nine and grade ten disabilities. The parties agreed during proceedings that the passenger’s recovery period was 178 days and that future surgery to remove internal fixation hardware would cost 7,000 yuan.

The court calculated total economic losses at 187,304.56 yuan, including medical expenses, disability compensation of 71,547.20 yuan incorporating dependent living expenses for two children, lost income of 14,952 yuan, nursing care, hospital food allowance, transportation, appraisal fees, and future surgery costs. The court reduced the passenger’s nutrition claim from 3,000 to 1,500 yuan and mental distress compensation from 11,000 to 5,000 yuan, finding the requested amounts excessive.

Since the motorcycle driver bore equal fault, the truck owner was liable for only 50 percent of the losses beyond the mandatory insurance coverage. The insurer paid 55,200 yuan under the traffic insurance policy, while the truck owner paid 26,052.28 yuan after deducting 40,000 yuan already advanced during treatment. The passenger voluntarily waived claims against the motorcycle driver.