CNY 126,074.59 Awarded in Child Pedestrian Accident Case
A court in Eastern China City has ruled on a personal injury case involving a minor pedestrian struck by a delivery truck. The plaintiff, a child represented by his father, sought compensation for medical expenses, disability, and other losses after suffering serious head injuries. The court found the driver and vehicle owner jointly liable for 60 percent of the damages beyond the insurance coverage, with the insurer responsible for the remainder under compulsory and commercial policies. The total award came to approximately CNY 126,074.59, including sums already advanced by the driver.
In September 2011, the minor plaintiff, Mr. Xu, was walking near a bus station in Eastern China City when a light-duty truck driven by Mr. Yue struck him. The traffic police determined both parties shared equal fault for the accident. Mr. Yue was driving a vehicle owned by Mr. Li, which was insured with the local branch of a national insurance company. The policy included a compulsory traffic accident liability coverage and a commercial third-party liability policy with a limit of CNY 200,000 and no deductible. The plaintiff, a child under ten at the time, was hospitalized for 44 days across two hospitals, incurring medical costs of CNY 44,720.99, most of which Mr. Yue paid upfront. A forensic evaluation later classified the plaintiff as having a grade nine disability and recommended 120 days of nursing care and 30 days of nutritional support.
The court held a hearing in March 2012, with the plaintiff and the insurer appearing through authorized representatives. Mr. Yue and Mr. Li did not attend despite proper notice, so the court proceeded in their absence. The plaintiff submitted six groups of evidence, including the accident report, medical records and invoices, a disability evaluation, insurance documents, and transportation receipts. The insurer argued that any amount exceeding the compulsory coverage should be divided based on fault and that it should not pay litigation or assessment fees. The court examined all evidence and accepted the disability evaluation as credible.
The court found that Mr. Yue violated traffic safety laws and bore equal responsibility for the accident. Under relevant civil and insurance law, the vehicle owner, Mr. Li, was jointly liable with the driver for the plaintiff’s losses. Since the truck was covered by both a compulsory policy and a commercial third-party policy, the insurer was obliged to pay the plaintiff directly within the policy limits. The court calculated the total damages, including medical expenses, hospital meal subsidies, nutritional support, nursing fees, disability compensation, transportation costs, and a reduced amount for pain and suffering due to the plaintiff’s own fault. The assessment fee for the disability evaluation was apportioned according to fault.
The court applied standard damage calculation rules. Medical costs were awarded as incurred, while daily subsidies for meals and nutrition were set at CNY 20 per day for the full hospital stay. Nursing care was allowed for two people during the hospitalization because the plaintiff was a minor receiving treatment away from home, and for one person thereafter. Disability compensation was based on the plaintiff’s urban residence and the assessed grade. The emotional distress award was lowered because the plaintiff shared fault. Under the compulsory coverage, the insurer paid CNY 10,000 for medical-related items and CNY 93,406 for other losses. The remaining medical expenses of CNY 36,480.99 were split 60-40 between the defendants and the plaintiff, with the insurer covering the defendants’ share under the commercial policy.
The ruling clarifies how fault allocation interacts with multiple layers of insurance in pedestrian accidents involving minors. Even when the child is partly at fault, the insurer pays the full compulsory limits before applying proportional liability. The defendants must cover the deductible assessments and any shortfall. The case also demonstrates that courts may allow enhanced nursing care for a hospitalized minor. All awarded amounts must be paid within ten days, or interest accrues. This decision highlights the importance of maintaining adequate liability coverage and the effect of a plaintiff’s own negligence on non-economic damages.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.