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

A young child who suffered the amputation of a right leg after being struck by a dump truck has been awarded more than 1.1 million yuan in compensation. The case highlights the devastating financial consequences of serious traffic accidents and how courts calculate damages involving prosthetic costs over a lifetime.

In June 2010, a dump truck struck a child on a village road in eastern China. The vehicle ran over the child’s right leg, causing traumatic amputation at a high level. The child also suffered hemorrhagic shock, a temporal bone fracture, and extensive soft tissue injuries.

After emergency treatment at a local hospital, the child was transferred to a specialized hospital in Ningbo for intensive care. Total hospitalization extended to 276 days across multiple facilities. A medical assessment concluded that the child had suffered a Level 5 disability with complete loss of labor capacity. The child would require lifelong dependence on prosthetic devices.

The claimed damages totaled nearly 1.95 million yuan, including medical expenses of 55,151 yuan, disability compensation of 361,992 yuan, and lifetime prosthetic costs estimated at 1.37 million yuan. The child’s parents claimed 60 percent of total damages based on the traffic police determination of equal responsibility.

The truck driver argued that as an employee of the vehicle owner, he should not bear personal liability. The vehicle owner contended that the registration company should not be liable as it charged no fees and did not participate in operations. The insurance company accepted compulsory coverage liability but disputed several claim amounts.

The court determined that the truck driver was performing employment duties at the time of the accident, making the vehicle owner primarily liable. The registration company was held jointly liable as the vehicle’s registered entity. The insurance company was required to pay first under compulsory coverage limits.

Regarding disability compensation, the court applied urban resident standards based on evidence that the parents derived income from non-agricultural employment. The prosthetic costs were calculated based on the rehabilitation center’s diagnosis, including regular replacement schedules throughout the child’s expected lifespan.

The court adjusted certain amounts, including reducing the claimed compensation ratio and recalculating some expense categories, ultimately awarding over 1.1 million yuan after deducting 60,000 yuan already paid.

This case underscores the catastrophic costs associated with severe traffic injuries, particularly for children who face decades of prosthetic replacement expenses.

Disclaimer: This article summarizes a court judgment for educational purposes only and does not constitute legal advice.