Child Loses Leg in Truck Accident Awarded Over 1.1 Million Yuan Compensation

A child in Zhejiang Province has been awarded over 1.1 million yuan in compensation after being struck and run over by a heavy dump truck, resulting in the amputation of his right leg. The court found the truck driver and vehicle owner liable for the child’s severe injuries.

The accident occurred on June 8, 2010, at around 4:50 PM on a rural road in Cixi City. The child was walking when a heavy dump truck traveling north collided with him and ran over his right leg. Traffic police investigated and determined that both the truck driver and the child bore equal responsibility for the accident.

The child suffered catastrophic injuries including high-level destruction of his right lower leg requiring amputation, hemorrhagic shock, a temporal bone fracture, and facial contusions. He was rushed to a local hospital for emergency treatment and then transferred to a specialized orthopedic hospital in Ningbo.

A forensic judicial assessment determined that the child’s right leg amputation constituted a fifth-level disability. The assessment also found that the child had completely lost his ability to work and would require prosthetic limbs and assistive devices for the rest of his life. The child underwent his first prosthetic fitting and was discharged from rehabilitation in March 2011.

The child’s family filed a lawsuit seeking compensation for medical expenses, hospital meal allowances, nursing care, transportation, accommodation, property damage, nutritional supplements, assessment fees, disability compensation, prosthetic device costs, and compensation for emotional distress. Their total claim exceeded 1.9 million yuan, with the defendants asked to pay 60 percent based on the shared responsibility finding.

The truck was registered with a transportation company in Anhui Province but was actually owned by an individual named Gong, who employed the driver. The truck had mandatory traffic accident liability insurance with a branch of People’s Insurance Company of China.

The insurance company argued that it should only pay within the mandatory insurance limits and that commercial insurance was not within the scope of this case. The vehicle owner argued that the driver was his employee acting in the course of employment, so the owner rather than the driver should bear liability. He also disputed some of the compensation amounts as excessive.

The court examined extensive evidence including medical records, disability assessments, prosthetic device documentation, and proof of the child’s family’s urban employment, which affected the disability compensation calculation standard.

The court ultimately ordered compensation exceeding 1.1 million yuan after deducting 60,000 yuan the defendants had already paid. The award covered the child’s medical expenses, long-term nursing care needs, disability compensation calculated at urban standards, prosthetic limb costs including future replacements, and compensation for emotional distress.

This case illustrates how courts handle catastrophic injury cases involving children. The prosthetic limb costs were particularly significant because the child would need multiple replacements throughout his life, with higher replacement frequency during childhood years. The case also shows how courts apply urban compensation standards when the victim’s family has urban employment and residence.

Disclaimer: The information presented in this article is based on publicly available court records and is intended for educational purposes only. It does not constitute legal advice. Readers should consult qualified legal professionals for advice specific to their circumstances.