Appeal Dismissed in Fatal Traffic Accident – CNY 75,166.5 Award Upheld
The appellate court dismissed an appeal brought by Mr. Jia, who challenged a lower court judgment ordering him to pay CNY 75,166.5 in damages for the death of Mr. Wu in a traffic collision. The lower court had found Mr. Jia and the deceased equally at fault. On appeal, Mr. Jia argued that the traffic accident report was incorrect. The appellate court reviewed the facts and upheld the original judgment, confirming the liability and compensation amounts.
The accident occurred on March 28, 2011, at around 7:20 PM in an area of Central China City. Mr. Jia, who did not hold a valid driver’s license, was operating a motor vehicle when it collided with an electric bicycle driven by Mr. Wu. Mr. Wu had been drinking alcohol and was riding against the flow of traffic. Both men were injured in the crash. Mr. Wu was taken to a hospital in Central China City but died shortly after arrival. His medical expenses totaled CNY 12,947.7. Subsequent investigation by the local traffic police determined that both drivers contributed equally to the accident. Mr. Wu’s surviving family members were his spouse, Ms. Zhao; his minor son, Mr. Wu Jiayu; his father, Mr. Wu Suze; and his mother, Ms. Huo Yulian.
During the initial trial, the plaintiffs presented the traffic accident report, medical bills, and evidence of family relationships. Mr. Jia objected to the report but offered no documentary proof to support his position. The lower court accepted the report as authoritative and calculated compensation based on applicable provincial standards. The awarded amounts included funeral expenses of CNY 16,772, death benefits of CNY 94,726 based on 20 years of rural income, dependent support for the minor son of CNY 25,647.3, family bereavement leave of CNY 240 for two people over ten days, and medical costs of CNY 12,947.7. Total damages were CNY 150,333, with Mr. Jia responsible for half, or CNY 75,166.5.
The court found that the traffic police report was reliable and properly admitted into evidence. The report clearly stated that both parties bore equal responsibility for the accident. Mr. Jia did not challenge the report through administrative review or provide any credible evidence to contradict it. The lower court’s application of the law, including the Tort Liability Law and relevant judicial interpretations on personal injury damages, was correct. The court also verified that the calculation of each item of damages followed the formula set by the provincial government for rural residents.
On appeal, Mr. Jia repeated his objection to the accident report but failed to show any procedural or factual error in the lower court’s handling. The appellate court emphasized that traffic accident reports carry strong evidentiary weight because they are based on immediate on-site investigation and professional expertise. Since Mr. Jia did not seek administrative review or produce contrary evidence, the report remained the basis for liability. The court also noted that the trial court had properly considered all statutory factors and that no error existed in the damage calculations or the apportionment of fault.
This case illustrates the importance of timely challenging administrative findings in traffic disputes. When a party disagrees with a traffic accident report, legal avenues such as administrative reconsideration must be pursued promptly. Without such action, the report is likely to be treated as conclusive in civil litigation. The judgment also confirms standard compensation formulas for fatalities involving rural residents. The appellate decision is final, and Mr. Jia must pay the awarded sum plus litigation costs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.