Court Awards Over CNY 215,000 in Traffic Accident Compensation Dispute

A court in Central China City has ruled in favor of two plaintiffs injured in a traffic collision, awarding total compensation of more than CNY 215,000. The judgment held the defendant driver fully liable for the accident and ordered the insurance company to pay the bulk of the damages. The case involved claims for medical expenses, lost income, disability compensation, and emotional distress.

The accident occurred on January 29, 2011, when Mr. Wang, driving a small car, collided with an electric bicycle ridden by Mr. Zheng. The collision happened on a road in Central China County, where Mr. Zheng was traveling west to east while Mr. Wang, coming from the opposite direction, drove onto the wrong side of the road due to fatigue. Both Mr. Zheng and his minor son, who was on the bicycle, suffered injuries. The traffic police determined that Mr. Wang bore full responsibility. Mr. Zheng and his son later sued Mr. Wang and the insurance company, Pacific Insurance Company, Eastern China Branch, seeking compensation for medical costs, care expenses, lost wages, disability, and emotional harm. Mr. Zheng claimed CNY 183,034, and his son claimed CNY 65,140.

At trial, the court reviewed extensive documentary evidence. The plaintiffs submitted hospital records, admission and discharge certificates, medical bills, and travel receipts. The traffic accident report and two forensic medical evaluations were also presented. A local forensic center assessed Mr. Zheng’s disability at Grade 9 (on a 10-grade scale, with 1 being most severe) and his son’s at Grade 10. The plaintiffs further provided proof that Mr. Zheng had worked as a chef in Northern China City for years and that his son attended school there, supporting their claim for urban-based disability compensation. The court also considered the insurance policy, which included compulsory liability coverage and commercial third-party insurance with a limit of CNY 300,000.

The court found that Mr. Wang’s negligence, specifically fatigue-induced reverse driving, directly caused the accident and injuries. The evidence, including the police report and forensic opinions, was clear and sufficient. The court held that Mr. Wang was fully liable for damages. As the vehicle was insured, the insurance company was obliged to pay first under the compulsory plan and then under the commercial policy. The court accepted the plaintiffs’ claim for daily nursing fees at CNY 50 per day, noting it did not exceed industry standards. It also allowed Mr. Zheng’s disability compensation based on urban income because of his long-term work in Northern China City, and similarly for his son due to his residence and schooling there.

On legal analysis, the court applied the General Principles of Civil Law and the Road Traffic Safety Law. It emphasized that injured parties are entitled to compensation for medical expenses, lost wages, care, nutrition, transportation, and disability. Emotional distress damages were also considered appropriate given the severity of injuries. The court reduced the requested amounts: Mr. Zheng’s emotional distress claim of CNY 26,000 was lowered to