Bus Passenger Awarded CNY 225,565 in Highway Accident
In a recent civil judgment, a court in Eastern China City ordered a transportation company to pay a passenger damages of CNY 225,565.20 for injuries sustained in a highway rear-end collision. The plaintiff, Mr. Liu, had been traveling on the defendant’s long-distance coach when the crash occurred, leading to a dispute over compensation for medical costs, lost income, and disability. The court found the company fully liable and applied urban income standards to calculate the award.
The accident took place on 3 March 2011, while Mr. Liu was a passenger on a coach operated by the defendant, a transport company registered in Eastern China City. The coach was traveling from Southern China City to Eastern China City on a major expressway when it rear-ended another vehicle. Police determined the coach driver bore full responsibility. More than 20 passengers were hurt. Mr. Liu suffered a burst fracture of the L4 vertebra with spinal canal stenosis and was hospitalized for 124 days. His treating physician prescribed one month of two-person nursing care, followed by three months of one-person care, and four months of rest after discharge. Later, a forensic institute rated his disability at level eight on the national scale.
During the two court hearings (the first a summary procedure, the second a full hearing), both sides presented extensive evidence. Mr. Liu submitted the police accident report, medical records, discharge summaries, diagnostic certificates, transport receipts, a disability assessment, and a fee receipt. He also provided proof of employment at a hair salon in Eastern China City’s urban area, a rental contract, and a business registration certificate. The defendant produced medical expense receipts, hospital records, and inpatient lists. At the defendant’s request, the court appointed a local forensic institute to re-evaluate Mr. Liu’s disability grade and the reasonableness of his medical expenses. The re-assessment confirmed the level-eight disability and identified CNY 1,654.80 in unreasonable medical charges.
The court found that the defendant, as the employer of the negligent driver, was fully responsible for Mr. Liu’s losses under the Tort Law and the Road Traffic Safety Law. It calculated the total reasonable loss at CNY 295,264.32. The breakdown included medical expenses of CNY 62,044.32 (after deducting the unreasonable portion), hospital meal subsidies of CNY 3,720, nursing fees of CNY 9,000, lost income of CNY 17,324 (based on 244 days at CNY 71 per day), disability compensation of CNY 185,826 (using the urban resident standard), travel costs of CNY 1,500, appraisal fees of CNY 850, and CNY 15,000 for emotional distress.
A key legal point was the proper standard for disability compensation. The defendant argued that Mr. Liu should be classified as a rural resident because his household registration was rural. The court rejected this, noting that before the accident Mr. Liu had been employed by a salon in an urban area of Eastern China City and had been renting an apartment there for some time. Under relevant judicial interpretations, when a plaintiff’s primary source of income and habitual residence are both urban, the urban compensation standard applies. The court also declined to award future medical costs, stating that such expenses should be claimed after they actually occur.
After deducting the medical expenses of CNY 63,699.12 and an additional CNY 6,000 already paid by the defendant, the net amount due to Mr. Liu was CNY 225,565.20. The court also ordered the defendant to bear most of the litigation costs. The judgment highlights the importance of presenting clear evidence of urban employment and residence to secure higher compensation in personal injury cases. It also confirms that a bus company is vicariously liable for its driver’s fault in a traffic accident, and that future medical claims may wait until expenses are actually incurred.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.