Appeal Adjusts Liability and Damages in Traffic Accident – CNY 196,398
The appellate court partially upheld an appeal by Mr. Yang, the primary defendant, in a traffic accident personal injury case. The dispute arose from a chain-reaction collision in which a pedestrian, Mr. Liu, was first struck by Mr. Yang’s car and then by a taxi driven by Mr. Han. The trial court had ordered Mr. Yang to pay 80% of the damages and Mr. Han 20%. On appeal, the court modified the liability split to 70% for Mr. Yang and 30% for Mr. Han and recalculated certain compensation items based on actual costs and standard rates.
The accident occurred on February 9, 2010, in Central China City. Mr. Liu was walking when Mr. Yang’s car hit him, causing him to collide with a taxi driven by Mr. Han. Mr. Liu suffered severe leg fractures requiring 84 days of hospitalization, multiple surgeries, and was left with a 22% permanent disability (combined nine-level and ten-level impairment). He claimed total losses of CNY 275,795.63. Mr. Yang had paid CNY 37,000 upfront. Both vehicles were insured with China Property Insurance Company Central China City Branch, each with compulsory traffic insurance and third-party liability coverage. The taxi was registered under Qiaolian Taxi Company but owned by Mr. Han. Mr. Liu sued all parties for compensation.
During the appellate hearing, new evidence was introduced regarding Mr. Liu’s second surgery. He had undergone a procedure to remove internal fixation hardware in November 2011, incurring actual costs of CNY 5,416.94, which replaced the trial court’s estimated future cost of CNY 12,000. The court also reviewed documentary proof of Mr. Liu’s lost wages of CNY 19,200, verified by his employer. All parties presented oral arguments, with Mr. Yang challenging the original liability split, the amount of nursing care, and the emotional distress award. Mr. Han and the insurance company supported the trial court’s liability apportionment.
The appellate court made several key findings. It held that the second surgery cost should be based on the actual incurred amount, not an estimate. It recalculated nursing care using the statutory daily rate for the service industry (CNY 47.87 per day) rather than a monthly figure, resulting in CNY 13,116.38. The court also found the original 80/20 liability split unfair because Mr. Yang’s initial impact was the primary cause but Mr. Han’s subsequent collision also contributed to the injuries. The court adjusted Mr. Yang’s share to 70% and Mr. Han’s to 30%. It affirmed the lost wages and emotional distress awards (CNY 20,000), noting they were supported by evidence.
The legal analysis centered on the application of the Tort Law and traffic safety regulations. According to relevant law, when a pedestrian is injured by successive vehicle impacts, the fault of each driver must be assessed proportionally. The court reasoned that Mr. Yang’s negligence was the main cause, but Mr. Han bore partial responsibility because his vehicle struck an already-injured pedestrian. Regarding damages, the court emphasized that future medical costs must be proven by actual receipts, and nursing care should follow the standard daily rate rather than arbitrary monthly estimates. The insurance company was required to pay first from the compulsory policy limits, then the remaining damages were apportioned between the drivers.
The final compensation totaled CNY 196,398.29. The insurance company was ordered to pay CNY 120,000 from the taxi’s compulsory insurance. Of the remaining CNY 76,398.29, Mr. Yang was liable for 70% (CNY 53,478.80), less his prior payment of CNY 37,000, leaving him to pay CNY 16,478.80. Mr. Han was liable for 30% (CNY 22,919.49), with the insurance company covering CNY 1,192.87 from the third-party policy and Mr. Han paying the rest. The case illustrates the importance of providing actual cost evidence for medical expenses and the nuanced assessment of fault in multi-vehicle pedestrian accidents.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.