CNY 10,245 Awarded to Pedestrian in Collision Case
A court in Eastern China City has ordered a defendant to pay a pedestrian CNY 10,245 in damages for injuries sustained in a traffic accident. The plaintiff, Mr. Li, sued the defendant, Ms. Wang, after she collided with him while riding an electric bicycle. The court found the defendant fully responsible for the accident and awarded compensation for medical expenses, lost wages, and other costs. The judgment was issued after a hearing in which the defendant did not appear.
The accident occurred on December 26, 2011, at approximately 6:20 a.m. on a village road in Eastern China City. Mr. Li was walking when Ms. Wang, riding an electric bicycle, struck him due to negligence and improper operation. The police traffic accident report, issued the same day under a simplified procedure, assigned full liability to Ms. Wang. Mr. Li sustained injuries requiring hospital treatment. He was treated in the emergency department and stayed for observation until December 30, a total of four days. His medical expenses totaled CNY 5,425, and he incurred costs for assistive devices of CNY 2,300. Doctors recommended a total rest period of two months, though no permanent disability was found. Ms. Wang paid only CNY 400 toward the medical bills, leaving the rest to Mr. Li.
The court hearing took place on March 14, 2012, before a single judge under a simplified procedure. Mr. Li attended the hearing and submitted several pieces of evidence, including the police accident report, outpatient medical records, emergency observation records, medical expense receipts, a doctor’s certificate, receipts for assistive devices, transportation receipts, and the defendant’s identification information. Ms. Wang was properly summoned by the court but did not appear or provide any defense. The court reviewed the evidence and found it lawful, authentic, and relevant to the case. Since Ms. Wang failed to attend, she waived her right to challenge the evidence.
The court found that Ms. Wang was at fault for the collision and must compensate Mr. Li for his losses. The court accepted the police determination that Ms. Wang bore full responsibility. Applying the Tort Liability Law of the People’s Republic of China, the court held that a person who injures another through fault must pay damages. The court analyzed each claimed item. It fully allowed medical expenses of CNY 5,425 and hospitalization meal subsidy of CNY 120 (CNY 30 per day for four days). It also allowed nursing fees of CNY 320 (CNY 80 per day for four days). For lost wages, Mr. Li claimed CNY 4,200 based on two months at CNY 2,100 per month. The court found the daily rate reasonable but reduced the period to 49 days based on medical records, awarding CNY 3,430. For transportation, the court reduced the claimed CNY 164 to a discretionary CNY 50. For assistive devices, the court reduced the claimed CNY 2,300 to CNY 1,300 based on receipts. The court rejected the claim for CNY 3,000 in moral damages, finding no basis given the nature of the injury and circumstances.
The court’s reasoning emphasized that the defendant’s negligence was the sole cause of the accident. The police report established clear fault, and the defendant offered no contrary evidence. Under Article 6, Paragraph 1, and Article 16 of the Tort Liability Law, a tortfeasor must compensate for medical treatment, lost income, nursing care, transportation, and reasonable expenses for recovery. The court also applied the Supreme People’s Court interpretation on personal injury compensation. The court noted that the defendant was properly notified but chose not to appear, which did not prevent the court from proceeding. The total compensation awarded was CNY 10,645, minus the CNY 400 already paid, leaving a net of CNY 10,245. The court also ordered the defendant to pay part of the court costs. The judgment was announced in court immediately after the hearing.
This case illustrates how courts handle personal injury disputes from traffic accidents when the defendant fails to respond. The court relied heavily on the official police accident report and the plaintiff’s medical documentation. It carefully assessed each damage claim, reducing some amounts where evidence was insufficient or where the claim exceeded reasonable limits. Notably, the court denied moral damages because the injury did not reach a threshold of severity such as permanent disability. For readers involved in similar incidents, this case shows the importance of preserving all receipts, medical records, and official accident reports. The judgment also confirms that a court can proceed to a decision even if the defendant does not appear, as long as proper notice was given.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.