Fatal Collision Case Yields CNY 162,420 Compensation
This case arose from a fatal traffic accident involving a motorcycle and a parked truck. The plaintiffs, the relatives of the deceased motorcyclist, filed a lawsuit seeking compensation from the truck driver, the truck owner, and the insurer. The court had to determine liability and the amount of damages under compulsory insurance and fault-based rules. The dispute was heard in a civil proceeding in a court in Central China City.
The accident occurred on the evening of 14 October 2011 on a rural road. The deceased, a 64-year-old rural resident, was riding a motorcycle and collided with a medium-sized dump truck that was parked on the road. The truck was owned by Central China City Transportation Co., Ltd. and was driven by Mr. Zhao, who was an employee of the truck’s contractor. The traffic police determined that the deceased bore primary responsibility for the accident, while Mr. Zhao bore secondary responsibility. The plaintiffs claimed a total of CNY 156,269.6 in damages. Mr. Zhao argued that the contractor had already paid CNY 100,000 to the plaintiffs. The truck was insured under a compulsory liability insurance policy issued by Central China City Insurance Co., Ltd.
The court held a public hearing on 16 March 2012. The plaintiffs presented evidence including the traffic accident report, medical records and receipts, the death certificate, funeral documents, and household registration records. Both the plaintiffs and Mr. Zhao appeared in court. The truck owner and the insurer did not appear despite having been properly summoned. The court proceeded to examine the evidence and hear the arguments. The key documentary proof established the facts of the accident, the insurance coverage, and the ages and relationships of the parties.
The court found that the deceased died on the same day as the accident, so no hospital stay or nursing costs applied. The court calculated the total damages as follows: funeral expenses CNY 15,325, death compensation CNY 180,848 (based on 16 years at CNY 11,303 per year), transport costs CNY 1,000 for the family attending to funeral matters, lost wages for three family members over three days at CNY 84 per day totaling CNY 756, mental distress compensation CNY 25,000, and medical fees CNY 7,248.20. The total loss amounted to CNY 230,177.20.
The court held that the insurer was liable to pay up to the compulsory insurance limit of CNY 117,248.20, which included the mental distress compensation, part of the death compensation, and the medical fees. The remaining losses of CNY 112,929 were to be apportioned according to fault. Because the deceased was primarily at fault, the defendant driver Mr. Zhao was found 40% liable, resulting in a share of CNY 45,171.6. The court noted that Mr. Zhao could seek reimbursement from the