Bus Passenger Awarded CNY 295,264 in Negligence Case
In a motor vehicle accident liability dispute, the court ruled in favor of a bus passenger who sustained severe injuries when the coach he was traveling in rear-ended another vehicle. The plaintiff, Mr. Liu, sought compensation for medical expenses, lost income, disability, and other losses totaling CNY 248,726. The defendant, an Eastern China City transport company, had already paid part of the medical costs and argued that some claimed damages were excessive or premature. The court awarded a total of CNY 295,264.32 in reasonable losses, with the defendant ordered to pay an additional CNY 225,565.20 after deducting prior payments.
The accident occurred on March 3, 2011, when Mr. Liu was a passenger on the defendant’s large sleeper bus traveling from Southern China City to Eastern China City. On the G60 Shanghai-Kunming Expressway, the bus collided with the vehicle ahead, causing injuries to Mr. Liu and more than 20 other passengers. Traffic police determined the bus driver, Mr. Yu, was fully at fault. Mr. Liu was diagnosed with a burst fracture of the L4 vertebra with spinal canal stenosis, requiring 124 days of hospitalization. He claimed damages including CNY 20,400 for lost income, CNY 9,000 for nursing care, CNY 3,720 for hospital meal allowance, CNY 850 for appraisal fees, CNY 12,000 for future medical treatment, CNY 185,826 for disability compensation (based on an 8-level disability rating), CNY 15,000 for emotional distress, and CNY 1,930 for transportation.
Two hearings were held. In the first, a single judge applied summary procedure; later the case was converted to ordinary procedure and tried by a three-judge panel. Both parties submitted evidence: Mr. Liu provided the accident liability determination, medical records, a diagnosis certificate, transportation receipts, a forensic appraisal of his disability, proof of employment at an Eastern China City beauty salon, a rental agreement, and his labor contract. The defendant offered medical bills and hospital records. At the defendant’s request, the court commissioned a forensic institute at Eastern China City University to reassess Mr. Liu’s disability level and the reasonableness of medical expenses. The expert report confirmed an 8-level disability and identified CNY 1,654.80 of the medical costs as unreasonable.
The court found that Mr. Liu’s total reasonable losses amounted to CNY 295,264.32. This included CNY 62,044.32 in medical expenses after deducting the unreasonable portion, CNY 3,720 in hospital meal allowance, CNY 9,000 in nursing care, CNY 17,324 in lost income calculated at CNY 71 per day for 244 days, CNY 185,826 in disability compensation using the urban resident standard, CNY 1,500 in transportation costs (reduced from the claimed amount), CNY 850 for appraisal fees, and CNY 15,000 for emotional distress. The court noted that the defendant had already paid CNY 63,699.12 in medical expenses and an additional CNY 6,000, so the net award was CNY 225,565.20.
The court’s legal reasoning emphasized that the accident was caused by the defendant’s driver, who bore full responsibility. Under the Tort Liability Law and relevant judicial interpretations, the defendant was liable for all economic and non-economic losses. A key legal point was the determination of Mr. Liu’s compensation standard. The defendant argued for a rural resident calculation, but the court accepted evidence that Mr. Liu worked and lived in an Eastern China City urban area before the accident, making the urban standard applicable. The claim for future medical treatment was denied as premature, with the court stating it could be pursued separately after actual costs are incurred.
The judgment confirms that injured passengers in bus accidents can recover full damages when the carrier is at fault. The case illustrates the importance of documenting residency and income to support a higher urban compensation rate. It also shows that courts will scrutinize medical expenses and may order independent appraisals. The defendant must pay the outstanding amount within ten days of the judgment, and any delay will incur double interest. Both parties retained the right to appeal within fifteen days.
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