Fatal Crosswalk Accident: Court Awards 190,412 Yuan With Urban Standard Death Compensation

A court in eastern China has ordered an insurance company to pay 190,412.60 yuan in compensation for a fatal traffic accident involving a pedestrian on a crosswalk, while dismissing the claim for emotional distress damages because the driver had already been criminally punished.

The accident occurred on the evening of November 15, 2011. Mr. Jiang was driving a sedan leased from Mr. Ma and traveling on a major road in a certain city in Zhejiang Province. At 8:40 PM, while passing through an intersection in a village, Mr. Jiang failed to slow down and did not watch for pedestrians. He struck Mr. Chen, who was lawfully crossing the crosswalk. Mr. Chen was pronounced dead on the same day despite emergency treatment.

The traffic police issued an accident determination on November 23, 2011, holding Mr. Jiang fully responsible and finding Mr. Chen bore no liability. The sedan was affiliated with a passenger transport company and insured with compulsory traffic insurance and third-party liability insurance up to 500,000 yuan with a 20 percent deductible for full liability.

Mr. Chen was 73 years old at the time of his death. Although his household registration was rural, the evidence showed he had been living in a town since 2003 with his eldest son. Multiple documents, including a neighborhood committee certificate and a land requisition record, proved his habitual residence was in an urban area. Therefore, the court applied the urban standard for calculating death compensation.

The court calculated total losses as follows. Medical expenses for emergency treatment were 542.20 yuan. Death compensation for a 73-year-old with seven remaining calculation years was 191,513 yuan, based on the annual per capita disposable income for urban residents of 27,359 yuan multiplied by seven years. Funeral expenses were 15,325 yuan, calculated as six months of the previous year’s average wage. The court also allowed 3,000 yuan for transportation and lost wages for family members handling the accident and funeral.

The court dismissed the claim for 30,000 yuan in emotional distress compensation, citing a judicial interpretation that courts do not accept separate civil lawsuits for emotional distress arising from criminal cases where the defendant has already been punished. Mr. Jiang had been sentenced to one year and four months in prison for the traffic offense in January 2012.

The insurance company was ordered to pay 110,000 yuan from the compulsory insurance death and disability limit and 542.20 yuan from the medical limit, totaling 110,542.20 yuan. For the remaining 99,838 yuan beyond the compulsory insurance limits, the insurer was liable for 79,870.40 yuan after applying the 20 percent deductible. Mr. Jiang was liable for the remaining 19,967.60 yuan, which was fully covered by the 20,000 yuan he had already paid. The excess 32.40 yuan was to be returned to him from the insurance payment.

The actual defendant insurance company paid a total of 190,412.60 yuan to the victims’ family members. The vehicle owner Mr. Ma and the affiliated transport company bore joint liability for Mr. Jiang’s share.

This case confirms that where a victim’s habitual residence is urban, death compensation is calculated using the urban standard regardless of household registration status, provided sufficient evidence of continuous urban residence is presented.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for legal matters.