Catastrophic Truck Collision: Court Awards 213,288 Yuan for Multiple Disabilities Including Ruptured Spleen and Optic Nerve Damage

Case Overview

In this case, Mr. Hu suffered catastrophic injuries as a passenger in a truck collision on a highway in a county in northern China. The court addressed liability allocation between two drivers, insurance coverage limits, and the responsibility of a vehicle seller under an installment purchase agreement. The judgment provides guidance on how Chinese law apportions damages when multiple parties share fault and when insurance policies apply.

Background Facts

On February 5, 2012, at approximately 12:50 AM, Mr. Hu’s father drove a truck eastbound on National Highway 307. The truck struck the rear of a vehicle driven by defendant Mr. Fang. Mr. Fang’s truck had stopped temporarily due to a mechanical breakdown. The collision severely injured Mr. Hu, a passenger in his father’s truck. Another passenger was also injured.

Traffic police determined that Mr. Hu’s father bore primary responsibility for the accident. Mr. Fang bore secondary responsibility. Mr. Hu himself bore no fault.

Trial and Evidence

Mr. Hu suffered multiple severe injuries. These included a comminuted fracture of the right femur, a ruptured spleen requiring surgical removal, pancreatic and intestinal mesentery contusions, right orbital fractures, optic nerve damage, right temporal bone and zygomatic arch fractures, a right temporal lobe hematoma, and a calcaneal fracture. He was hospitalized for 28 days across multiple hospitals and continued outpatient treatment. Medical expenses totaled 80,813.87 yuan.

A judicial appraisal determined Mr. Hu had sustained two Level 8 disabilities and one Level 10 disability under the Chinese disability grading system. His estimated future treatment costs were 8,000 yuan. The required nursing care period was 120 days with one caregiver.

The court calculated total damages at 278,068.47 yuan. This included medical expenses of 80,813.87 yuan, lost wages of 18,619 yuan, nursing fees of 19,800 yuan, hospital meal subsidies of 1,950 yuan, future treatment costs of 8,000 yuan, disability compensation of 124,385.60 yuan, appraisal fees of 2,000 yuan, transportation costs of 500 yuan, nutritional supplements of 2,000 yuan, and emotional distress compensation of 20,000 yuan.

Court Findings

The court held that the insurance company, PICC Insurance, should first compensate within the compulsory traffic insurance limits. Since the accident also injured Mr. Hu’s parents in the same vehicle, the compulsory insurance limit was allocated proportionally among all three injured parties. The insurance company paid 185,440 yuan under compulsory insurance.

The remaining 92,628.47 yuan was allocated by fault. Mr. Fang bore 30% secondary liability, amounting to 27,788.54 yuan. This amount was paid directly by the insurance company under the third-party liability policy. Mr. Fang himself bore no personal liability because the insurance fully covered his obligation.

Jidong Automobile Sales Company had sold the truck through installment payments. The company argued it should not bear liability because the buyer had not fully paid for the vehicle. The court agreed, exempting Jidong under the installment purchase interpretation.

Total insurance payment to Mr. Hu was 213,288.54 yuan.

Legal Analysis

According to relevant law, when multiple parties share fault in a traffic accident, damages are apportioned based on the degree of fault. Here, Mr. Hu’s father bore primary responsibility, while Mr. Fang bore secondary responsibility. The court applied a 30% liability share to Mr. Fang, consistent with his secondary role.

The compulsory traffic insurance policy has a fixed limit. When multiple victims exist in the same accident, the limit is divided proportionally. This ensures each injured party receives a fair share of the limited coverage.

The commercial third-party liability insurance covered the remaining liability. Because Mr. Fang’s fault was secondary, his insurance paid the full amount of his share, leaving him with no personal financial obligation.

The vehicle seller, Jidong Automobile Sales, was exempt because the buyer had not completed payment. Under Chinese law, a seller in an installment sale does not automatically bear liability for accidents involving the vehicle unless specific exceptions apply.

Case Summary

The court awarded Mr. Hu total damages of 278,068.47 yuan. The insurance company paid 213,288.54 yuan, covering the compulsory insurance limit and Mr. Fang’s secondary liability. Mr. Fang bore no personal liability. Jidong Automobile Sales was also exempt. Mr. Hu’s father, as the primary at-fault driver, was responsible for the remaining damages, though this was not part of the current judgment.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Readers should consult a qualified attorney for advice specific to their situation.