Pedestrian Injured in Crosswalk Wins 96,419.90 RMB in Eastern China Traffic Accident Case
Pedestrian Injured in Crosswalk Wins 96,419.90 RMB in Eastern China Traffic Accident Case
Case Overview
A pedestrian who was struck by a vehicle while crossing a crosswalk in Eastern China was awarded total damages of 96,419.90 RMB. The court found the driver fully at fault and held that the insurance company must pay the full amount under the compulsory traffic accident liability insurance policy. The case illustrates how courts allocate liability and calculate damages in personal injury claims arising from motor vehicle accidents involving pedestrians.
Case Background and Facts
On February 1, 2010, at approximately 7:55 AM, the driver, Mr. Yang, was operating a vehicle owned by Lihua Import and Export Trading Company. While driving eastbound on Qiushi Road in Eastern China, Mr. Yang crossed a double yellow line to overtake another vehicle. At that moment, he collided with Ms. Ge, a pedestrian who was walking south to north within a marked crosswalk near the Gongyuan Building area. The impact caused Ms. Ge to suffer injuries and also damaged the vehicle. The traffic police determined that Mr. Yang bore full responsibility for the accident. The vehicle was insured under a compulsory traffic accident liability insurance policy with Ping An Insurance Zhejiang Branch.
Court Proceedings and Evidence
Ms. Ge filed a lawsuit against Mr. Yang, Lihua Trading Company, and Ping An Insurance Zhejiang Branch, seeking total compensation of 150,922.19 RMB. The claim included medical expenses, nursing fees, appraisal fees, disability compensation, hospitalization food subsidies, nursing supplies, lost income, transportation costs, nutrition fees, and emotional distress damages. She also requested that Lihua Trading Company bear joint liability and that Ping An Insurance pay within the policy limits.
The court reviewed multiple pieces of evidence, including the traffic accident report, discharge summaries, medical certificates, a forensic appraisal confirming a level 10 disability, salary records, nursing service agreements and receipts, appraisal fee receipts, nursing supply invoices, transportation receipts, and the insurance policy. The defendants did not dispute the accident facts or liability determination. Ping An Insurance argued that certain claimed amounts exceeded reasonable limits. The court commissioned a separate forensic appraisal that established the plaintiff’s lost work period ended on August 3, 2010, the nursing period was two months, and the hospitalization period was two to three months.
Court Findings and Judgment
The court found that Ms. Ge was hospitalized for 154 days at a cost of 18,372.30 RMB in medical expenses, though it deducted 2,560 RMB in bed fees and 508.60 RMB in nursing fees, approving 15,303.70 RMB. Nursing fees were calculated at 100 RMB per day for 60 days, totaling 6,000 RMB. The court approved 1,000 RMB for appraisal fees and 574.20 RMB for nursing supplies. Lost income was calculated at 2,200 RMB per month for the period until August 3, 2010, resulting in 13,420 RMB. Disability compensation was set at 49,222 RMB based on the plaintiff’s urban resident status and a 10 percent disability coefficient over 20 years. Hospitalization food subsidies were 2,700 RMB for 90 days at 30 RMB per day. Transportation was set at 1,200 RMB, nutrition at 2,000 RMB, and emotional distress damages at 5,000 RMB. Total damages amounted to 96,419.90 RMB. Since this amount fell within the 122,000 RMB compulsory insurance limit for at-fault accidents, Ping An Insurance was ordered to pay the entire sum. Mr. Yang and Lihua Trading Company were not required to pay additional compensation. The court also ordered Ms. Ge to pay part of the litigation costs.
Key Legal Principles
The court applied the principle that when a motor vehicle collides with a pedestrian who has no fault, the motor vehicle driver bears full liability. Under the Road Traffic Safety Law, insurance companies must first compensate victims within the compulsory insurance limits. Damages are calculated based on actual losses, with specific formulas for medical expenses, lost income, disability compensation, and other items. Emotional distress damages are available when the injury causes serious consequences. The court also followed the rule that forensic appraisal evidence may carry more weight than hospital certificates when determining disability and recovery periods.
Practical Insights
This case demonstrates that pedestrians injured in crosswalk accidents can recover full compensation from the at-fault driver’s insurance company. Victims should preserve all evidence, including medical records, receipts, and employment documents. Courts will use independent forensic appraisals to verify claimed injury periods and may reduce exaggerated claims. The compulsory insurance policy covers both economic and non-economic damages up to the policy limit. Plaintiffs should note that emotional distress damages can be prioritized within the insurance payout.
Legal References
Road Traffic Safety Law of the People’s Republic of China (2007), Article 76; Supreme Peoples Court Interpretation on Compensation for Personal Injury in Tort Cases, Articles 19, 20, 21, 23, 24, 25; Supreme Peoples Court Interpretation on Compensation for Emotional Distress in Tort Cases, Article 8; General Principles of Civil Law of the People’s Republic of China, Articles 119, 123.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.