Traffic Accident: Bus Driver Awarded 88,469 Yuan for Spinal Fracture at Level 9 Disability

A court in eastern China has ordered an insurance company to pay 88,469.88 yuan to a bus driver who suffered a compression fracture in a collision with a heavy truck.

On February 23, 2011, Mr. Hu drove a heavy semi-trailer truck through a traffic circle, colliding with a bus driven by Ms. Wang. Traffic police found Mr. Hu fully at fault. Ms. Wang sustained a comminuted compression fracture of her L1 vertebra and was hospitalized for 30 days.

The hospital discharge summary recommended three months of rest and home care at level three from March 25 to May 30, 2011. A judicial appraisal in July 2011 rated Ms. Wang’s disability at level nine.

Ms. Wang sued Mr. Hu, the registered owner Ms. Hong, and the insurance company for 103,589.88 yuan in damages.

The court upheld the accident finding and Ms. Wang’s urban residency based on her employment as a bus driver and property ownership records. It calculated damages at 89,269.88 yuan: 2,367.88 yuan medical expenses, 450 yuan food allowance, 450 yuan nutrition, 8,400 yuan lost wages for 120 days, 3,350 yuan home care for 67 days, 63,152 yuan disability compensation at 20 percent for 20 years, 800 yuan appraisal fees, 10,000 yuan emotional distress, and 300 yuan transportation.

The insurance company was ordered to pay 88,469.88 yuan under compulsory and commercial third-party liability coverage. The employer Ms. Hong paid the 800 yuan appraisal fee separately under contractual terms.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.