Court Awards CNY 11,061.33 in Traffic Accident Dispute

A court in Central China City has ordered a tractor driver to pay over 11,000 yuan in compensation to an injured electric bicycle rider after a collision on a national highway. The ruling followed a dispute over medical expenses, lost income, and other damages arising from the accident. The defendant had initially paid 5,000 yuan but contested the remaining claims. The court found the driver solely responsible for the incident.

The accident occurred on March 11, 2011, around 7 p.m. The defendant, Mr. Wang, was driving an unregistered tractor without a valid license along the non-motorized lane on the west side of a national highway. He was traveling south to north in the wrong direction. At the same time, the plaintiff, Mr. Sun, was riding an electric bicycle north to south in the same lane. The vehicles collided, causing Mr. Sun to suffer injuries and damage to his bicycle. A traffic police report concluded that Mr. Wang bore full responsibility. Mr. Sun was treated at local hospitals for an open comminuted fracture of the right tibia and fibula. His total medical expenses were 30,744.56 yuan, of which 21,961.53 yuan had been covered by his own medical insurance. He sought reimbursement for the remaining 8,783.03 yuan plus other losses, totaling 26,294.03 yuan. Mr. Wang argued that Mr. Sun was partly at fault due to excessive speed and suggested a 50-50 liability split. He had already paid 5,000 yuan.

During the hearing, Mr. Sun presented several pieces of evidence, including the traffic accident liability determination, medical bills and records, a reimbursement statement from his employer showing the portion already paid, a certificate and wage statement from his workplace, his marriage certificate, and a hospital diagnosis. Mr. Wang objected to the liability determination, claiming it was erroneous, but failed to provide any evidence to support his objection. He also challenged the wage evidence, arguing that the income level should have been subject to tax. The court accepted the traffic police report as valid because the defendant offered no contrary proof. The court also accepted the wage documents as a reliable reflection of Mr. Sun’s and his caregiver’s income. Both parties agreed on the medical bills, reimbursement slip, marriage certificate, and diagnosis.

The court found that Mr. Wang’s unlawful driving—operating an unregistered tractor without a license and driving the wrong way in a non-motorized lane—was the direct cause of the accident and Mr. Sun’s injuries. The traffic police report, which the court deemed credible, attributed full liability to Mr. Wang. The court therefore held that Mr. Wang must compensate Mr. Sun for proven losses. The court rejected Mr. Wang’s claim of contributory negligence because no evidence supported it. The court then calculated the allowable damages: medical expenses 8,783.03 yuan, hospital meal allowance 1,050 yuan, lost income 4,758.30 yuan (based on a daily wage of 93.30 yuan for a period covering hospitalization and one month recovery), and nursing care 1,470 yuan (based on the caregiver’s daily wage of 70 yuan for 21 days). The court denied claims for nutrition fees of 1,665 yuan and transportation costs of 600 yuan because Mr. Sun did not provide supporting documentation. The total awarded came to 16,061.33 yuan. After deducting the 5,000 yuan already paid by Mr. Wang, the remaining amount due was 11,061.33 yuan.

The court applied the Tort Liability Law of the People’s Republic of China and the Supreme People’s Court’s interpretation on personal injury compensation. Specifically, Article 6 of the Tort Liability Law establishes fault-based liability, and Article 16 lists compensable items for personal injury, including medical expenses, lost income, and care costs. The court also cited provisions on the calculation of lost wages, nursing fees, and hospital meal allowances. The key legal reasoning was that the defendant’s unlawful driving constituted fault, and the plaintiff’s damages were directly caused by that fault. The court emphasized that the burden of proof fell on the defendant to show any reduction in liability, which he failed to meet. The judgment also included a penalty for delayed payment at double the interest rate if the defendant does not pay within three days.

This case illustrates how Chinese courts handle motor vehicle accident claims when one party is clearly at fault. The court strictly applied the traffic police findings and the law on damages, denying speculative or unsubstantiated claims. For defendants, the ruling underscores the importance of providing evidence to challenge liability assessments. For plaintiffs, it highlights the need to document all losses, including transportation and nutrition, to secure full compensation. The outcome also reinforces that driving without a license and against traffic rules will likely result in full liability. While the amount awarded was modest, the case shows the systematic approach courts take in calculating economic and non-economic damages.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.