Court Awards CNY 352,068 in Fatal Traffic Accident Case
The Eastern China City People’s Court ruled on a wrongful death lawsuit arising from a multi-vehicle traffic accident. The plaintiffs, the surviving spouse and three children of the deceased, sought compensation for loss of life, funeral expenses, and emotional distress. The court examined liability among multiple logistics companies and their insurers, ultimately awarding the full claimed amount of CNY 352,068.
The accident occurred on September 25, 2011, when a truck driver, Mr. Zhang, operated a heavy tractor-trailer without a valid license. While turning right at an intersection, his vehicle struck a cyclist, Mr. Wang, who was riding alongside a parked truck. The parked truck, owned by Eastern China City Logistics Co., Ltd. and operated by another driver, Mr. Wang Feng, was illegally parked on the non-motor vehicle lane. The collision caused Mr. Wang’s immediate death. Plaintiffs—Ms. Zhou (widow), Mr. Zhou (son), and two daughters, both Ms. Zhou—filed claims against the drivers, the truck owners (three logistics companies), and two insurance companies that had issued compulsory traffic liability policies.
During the hearing, the plaintiffs submitted a traffic accident report from the police, a family certificate proving their status as sole heirs, and video footage from a nearby surveillance camera. The court also admitted a criminal judgment related to the case. The insurance companies for the parked vehicle argued that their driver’s vehicle did not physically collide with the cyclist and therefore bore no causal link to the death. They also contested the amount of emotional distress damages sought. The court reviewed the video recording, which showed that the illegally parked truck blocked the view of other drivers and forced the cyclist to ride into the motor vehicle lane, directly increasing the risk of the fatal collision.
The court found that both drivers contributed to the accident. The driver of the moving truck, Mr. Zhang, was primarily at fault for driving without a proper license and failing to yield to the cyclist. The driver of the parked truck, Mr. Wang Feng, was secondarily at fault for illegal parking that obstructed traffic and visibility. The court rejected the argument that the parked vehicle had no causal connection to the death, as the parking violation was a direct contributing factor. The court also held that the logistics companies, as owners of the vehicles, bore joint and several liability for the actions of their drivers.
Under relevant law, the court applied the principle of proportional liability. The driver at primary fault bore 70% of the responsibility, and the driver at secondary fault bore 30%. The compulsory insurance policies were required to cover the damages within their limits, regardless of the drivers’ license status. The court clarified that emotional distress damages of CNY 50,000 were reasonable under the circumstances, given the severity of the loss. The total award of CNY 352,068 comprised CNY 285,220 for loss of life, CNY 16,848 for funeral expenses, and CNY 50,000 for emotional distress.
This case underscores the legal principle that even a non-colliding vehicle can be held liable if its illegal parking directly contributes to an accident. It also confirms that drivers without proper licenses do not automatically relieve insurers of their duty to pay under compulsory policies. For logistics companies, the ruling highlights the importance of ensuring all vehicles are parked legally and that drivers hold valid licenses. The judgment provides clear guidance on how courts apportion fault among multiple negligent parties in traffic fatalities.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.