Court Awards CNY 95,713 in Pedestrian Accident Injury Case

A court in Eastern China City has ruled on a motor vehicle accident liability dispute, ordering compensation for two pedestrians injured when a truck struck them. The plaintiffs, Ms. Xu and Mr. Zhang, sought damages totaling 95,713.17 CNY from the driver, the vehicle owner, and the insurer. The court found the driver fully at fault and held the insurance company liable to pay within policy limits, with the remainder jointly owed by the driver and the vehicle owner.

The accident occurred on July 15, 2011, when Mr. Shen, driving a truck registered to Yong’an Transport Team, hit Ms. Xu and Mr. Zhang while they were walking along a highway. Police determined Mr. Shen bore full responsibility. Ms. Xu suffered a traumatic brain injury, facial fractures, and multiple contusions, requiring 43 days of hospitalization. Mr. Zhang sustained soft tissue abrasions and was hospitalized for 16 days. The truck was insured with Anbang Insurance under a compulsory liability policy and a commercial third-party policy with a 500,000 CNY limit, but without a no-deductible clause.

During the hearing, the plaintiffs submitted evidence including medical records, accident reports, employment contracts, wage slips, and a rental agreement showing they had lived and worked in an urban area for years. Ms. Xu’s disability was assessed at a 10 percent impairment. The insurer requested a re-examination, which confirmed the original finding. Mr. Zhang did not suffer permanent disability. The court also reviewed medical bills totaling 27,551.67 CNY, of which the plaintiffs paid 10,200 CNY and Mr. Shen advanced 17,351.67 CNY.

The court held that Mr. Shen, as the at-fault driver, and Yong’an Transport Team, as the registered owner, were jointly liable for the plaintiffs’ losses. Because the vehicle was insured, Anbang Insurance was required to compensate the victims directly within policy limits. The court accepted the plaintiffs’ claim for urban-area disability compensation, finding that Ms. Xu had stable urban employment and both plaintiffs resided in a city. The court adopted the expert opinions on Ms. Xu’s disability rating, lost work period, nutritional needs, and nursing needs.

Under relevant law, the court allocated damages first from the compulsory coverage, which paid 10,000 CNY for medical-related expenses. The remaining medical costs of 20,211.67 CNY were covered by the commercial policy at 80 percent, or 16,169.34 CNY, due to the absence of a no-deductible endorsement. The balance of 4,042.33 CNY was to be paid jointly by Mr. Shen and Yong’an Transport Team. For non-medical losses, the court awarded Ms. Xu 13,200 CNY for lost wages, 4,530 CNY for nursing, 31,576 CNY for disability, 500 CNY for transportation, and 5,000 CNY for mental distress. Mr. Zhang received 1,949.67 CNY for lost wages, 1,132.50 CNY for nursing, 150 CNY for transportation, and 3,000 CNY for mental distress.

This case illustrates how Chinese courts handle multi-party liability in traffic accidents, particularly when insurance coverage and urban residency affect damage calculations. The court applied the principle that joint tortfeasors bear shared responsibility, while insurers must pay within their policy limits. The decision also underscores that evidence of stable urban work and residence can support a claim for higher disability compensation