Court Awards CNY 562,579 in Fatal Truck-Bus Collision Case
The Eastern China City People’s Court has ruled on a fatal traffic accident case arising from a collision between a bus and a heavy truck. The plaintiffs, the widow and two adult children of the deceased passenger, sought compensation for loss of life, funeral expenses, and emotional distress. The court determined that the truck driver bore 40 percent of the liability for the accident and ordered the insurer to pay up to the compulsory insurance limit, with the remaining loss apportioned accordingly.
The accident occurred on October 12, 2011, when a bus driven by Mr. Jiang collided with a heavy semi-trailer truck driven by Mr. Zhang. The bus was traveling east through an intersection when the truck, coming from the opposite direction, struck the right rear side of the bus. The crash killed passenger Mr. Dong and injured several others. Traffic police found that Mr. Jiang failed to observe traffic signs and yield the right of way, making him primarily at fault. Mr. Zhang was found to have been speeding and not paying adequate attention, contributing secondarily. The plaintiffs – Ms. Han (widow), Mr. Dong Jr. (son), and Ms. Dong (daughter) – sued the truck owner Mr. Xing, the logistics company that held the truck’s registration, and the insurer. They initially claimed total damages of CNY 712,579, later revised to CNY 562,579.
At trial, the plaintiffs submitted evidence including family registration documents, the police accident report, the deceased’s identity card, and copies of two compulsory insurance policies held by the defendant logistics company with the insurer. The insurer did not appear in court but submitted a written defense arguing that compensation should be based on rural resident standards and that the claimed living expenses for the widow were unjustified because she received a monthly pension. The truck owner Mr. Xing and the logistics company admitted the accident facts but disputed the plaintiffs’ requested 40 percent liability share, arguing that the truck driver’s fault was minor and that a 20 percent share was more appropriate. The court accepted the plaintiffs’ evidence as credible.
The court found that the accident occurred between two motor vehicles. Under relevant Chinese law, when both drivers are at fault, liability is apportioned according to each party’s degree of fault. The court noted that the truck was far heavier and more dangerous than the bus, and that Mr. Zhang had been speeding. Considering these factors, the court held that the plaintiffs’ demand for a 40 percent liability share for the truck driver was reasonable and within acceptable bounds. The court therefore ruled that the insurer must pay up to a total of CNY 220,000 from the two compulsory insurance policies, with that amount to be applied first to the plaintiffs’ emotional distress claim as requested. The remaining losses – after deducting the insurance limit – were to be covered 40 percent by the truck owner Mr. Xing, with the logistics company bearing supplementary liability as the entity that allowed the truck to operate under its name.
On the legal analysis, the court emphasized that compulsory motor vehicle insurance provides a first layer of compensation regardless of fault. For losses exceeding that limit, the court applied the principle of comparative fault. The court rejected the insurer’s argument to apply rural income standards because the deceased was a confirmed urban resident. It also declined to deduct the widow’s pension from the living expenses claim, holding that a pension does not extinguish the right to spousal support. The court did not accept the plaintiffs’ request to hold the logistics company jointly liable, instead limiting its role to supplementary liability. All calculations of funeral expenses and death compensation followed statutory formulas based on urban per capita income.
This case illustrates how courts in Eastern China City handle multi-party traffic fatalities where both drivers are at fault. Key takeaways include the importance of evidence such as police accident reports and insurance policy details. The decision also clarifies that a victim’s urban residency status and the relative size and speed of vehicles can influence the allocation of fault percentages. Parties involved in similar disputes should be aware that insurers are bound by compulsory coverage limits and that emotional distress claims may be prioritized within those limits. The final judgment did not specify the exact monetary award after applying the 40 percent share and the prior payment of CNY 80,000 already made by Mr. Xing, but the legal framework set clear guidelines for calculation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.