CNY 124,216 Truck-Pedestrian Accident: Grade-Nine and Grade-Ten Disabilities from Single Collision
A pedestrian struck by a speeding truck in a northern Chinese city sustained injuries resulting in two separate disability ratings, grade nine and grade ten, and was awarded CNY 124,216 in total damages after the court found the truck driver solely responsible for the collision.
The accident occurred on November 27, 2009, when Mr. Han was driving a heavy truck at excessive speed through a residential area and struck Ms. Fan, a pedestrian. Traffic police determined that Mr. Han’s speeding was the sole cause of the accident and assigned him full responsibility. Ms. Fan suffered multiple fractures and was hospitalized for extended treatment. A forensic appraisal conducted months later rated her injuries at grade nine for one set of impairments and grade ten for another, reflecting permanent but partial loss of function in the affected limbs.
The court calculated Ms. Fan’s total economic losses at CNY 144,246.43, comprising CNY 28,611.43 in medical expenses, CNY 1,350 in hospitalization food subsidies, CNY 5,000 in nursing costs, CNY 24,000 in lost wages based on her demonstrated monthly income of CNY 2,000 over twelve months, CNY 66,419 in disability compensation reflecting the combined ratings, CNY 4,565 in dependent living expenses for her minor child, CNY 300 in medical appraisal fees, CNY 135 in copying and mailing costs, and CNY 500 in transportation. The court also awarded CNY 6,000 in mental distress compensation, finding the dual disability ratings warranted compensation above the minimum but below the CNY 10,000 the plaintiff had requested.
Mr. Han’s truck was insured under a compulsory traffic liability policy. The insurer was ordered to pay CNY 103,861 within the policy’s disability and death benefit limit, covering the disability compensation, lost wages, dependent expenses, mental distress, and a portion of nursing and transportation costs. Mr. Han was personally responsible for CNY 20,355 in medical expenses, hospitalization food subsidies, copying costs, and the excess portion of other categories not covered by the insurance limits. Mr. Han had previously made an advance payment of CNY 30,000, meaning Ms. Fan actually needed to return CNY 9,645 to him after netting the judgment amounts. The court structured the offset to avoid unnecessary fund transfers.
The defendant insurer challenged the lost-wage calculation, arguing that Ms. Fan failed to prove her actual income and that the court should use the regional average wage instead. The court rejected this, noting that employment records and pay stubs adequately documented her CNY 2,000 monthly income. The judgment was issued under summary procedure, with court costs of CNY 994 reduced to CNY 500 under the simplified procedure rules.
This article is provided for informational purposes only and does not constitute legal advice. Traffic accident liability and insurance compensation rules vary across jurisdictions. Consult a qualified attorney for guidance on your specific situation.