Bus Accident Victim Awarded 158,956 RMB in Eastern China Personal Injury Case

Bus Accident Victim Awarded 158,956 RMB in Eastern China Personal Injury Case

Case Overview

A civil court in Eastern China awarded a total of 158,955.8 RMB in damages to a plaintiff who was seriously injured when a public bus struck his electric bicycle. The court found the bus driver fully at fault and held the transportation company liable. The insurer was ordered to pay the statutory limit under compulsory insurance, with the employer covering the remainder.

Case Background and Facts

On October 18, 2009, at approximately 8:50 AM, the plaintiff, Mr. Ye, was riding his electric bicycle along a public road in Eastern China. As he passed a bus stop, a bus owned by the defendant transportation company and driven by its employee, Mr. Zhong, overtook the plaintiff from behind. The bus then turned into the non-motor vehicle lane, colliding with the plaintiff’s bicycle and running over his left forearm, causing severe injuries.

The local traffic police determined that the bus driver bore full responsibility for the accident. At the time of the incident, the driver was performing his work duties. The bus was insured under a compulsory third-party liability policy with the second defendant, an insurance company.

The plaintiff filed a lawsuit seeking 237,628 RMB in compensation for medical expenses, lost income, disability damages, and other costs. He requested that the insurance company pay first under the compulsory policy and that the transportation company cover the remaining amount.

Court Proceedings and Evidence

The court held a public hearing on December 23, 2010. Both defendants appeared through legal representatives. The plaintiff submitted multiple pieces of evidence, including hospital records, accident reports, medical certificates, a forensic opinion confirming a combined disability rating of level nine and level ten, and receipts for medical and repair costs. He also provided a temporary residence permit and an employment letter to prove he had lived and worked in the city for over a year before the accident.

The transportation company did not dispute the facts but argued that some claimed expenses were unreasonable. The insurance company similarly challenged the amounts for disability, lost income, and other items. The transportation company submitted evidence showing it had already paid 97,706.79 RMB in medical costs and 8,045 RMB in nursing fees.

The court accepted most of the plaintiff’s evidence, finding that the residence permit and employment letter together proved his long-term urban residence. The court also accepted the forensic opinion on disability and nutritional needs.

Court Findings and Judgment

The court held that the bus driver, acting within the scope of his employment, caused the accident through negligence. Under relevant law, the transportation company, as his employer, was liable for the resulting harm.

The court calculated the plaintiff’s total compensable losses at 158,955.8 RMB. This included 4,139.4 RMB for medical expenses not already covered, 20,635 RMB for lost income based on 367 days of missed work, 108,288.4 RMB for disability calculated using urban income standards, 1,380 RMB for hospital meals, 800 RMB for transportation, 2,028 RMB for a dependent parent, 2,520 RMB for nutrition, 7,500 RMB for nursing care, 385 RMB for vehicle repair and storage, 1,280 RMB for鉴定 fees, and 10,000 RMB for emotional distress.

The court ordered the insurance company to pay 122,000 RMB, the maximum under the compulsory policy. The transportation company was ordered to pay the remaining 36,955.8 RMB, minus the 8,045 RMB already paid for nursing, leaving a balance of 28,910.8 RMB.

Key Legal Principles

The court applied the principle that a person causing injury through fault must compensate the victim for all reasonable losses. It reaffirmed that an employer is vicariously liable for torts committed by an employee during work. The court also applied the rule that compulsory motor vehicle insurance pays first, with the at-fault party covering any shortfall. Additionally, the court held that a rural resident who lives and works in a city for over a year should have damages calculated using urban income standards.

Practical Insights

This case illustrates the importance of proving urban residence and income when seeking higher compensation for disability. Plaintiffs should gather evidence such as rental agreements, utility bills, employment contracts, and tax records. The case also shows that insurers must pay up to the statutory limit before the employer’s liability begins. Victims should keep all receipts and medical records to support each claimed item.

Legal References

General Principles of the Civil Law of the People’s Republic of China, Article 98.
Civil Procedure Law of the People’s Republic of China (2007 Revision), Article 64, Paragraph 1.
Tort Law of the People’s Republic of China, relevant provisions on employer liability.
Road Traffic Safety Law of the People’s Republic of China, Article 76.
Supreme People’s Court Interpretation on Compensation for Personal Injury, Articles 9, 17, and 18.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.