CNY 37,483 Motorcycle-Truck Collision: Drunk Rider Wins 10th-Grade Disability Award
A motorcyclist who had been drinking before the crash was struck by a medium-sized cargo truck at a rural crossroads intersection in a certain province of eastern China. The collision left the rider with traumatic brain injury, multiple rib fractures, and a collapsed lung. After fifteen days of hospitalization, a judicial appraisal confirmed that the rider had sustained a 10th-grade disability. The court awarded the plaintiff CNY 37,483.22 in total damages, including medical expenses, lost wages, nursing care, disability compensation, and vehicle repair costs.
The accident occurred on April 11, 2010, at approximately 13:05 local time. The plaintiff was riding a two-wheeled motorcycle along a village road heading east when he approached a T-junction with a major provincial highway. As he attempted to cross the highway from east to west, a Dongfeng-branded medium box truck traveling northbound on the highway collided with him. The traffic police investigation concluded that the motorcyclist bore primary responsibility for failing to yield right-of-way at the intersection, while the truck driver bore secondary responsibility for failing to ensure safe passage through the crossing.
Following the collision, the plaintiff was rushed to an armed police hospital where he underwent emergency treatment. The diagnosis revealed left frontotemporal brain contusion, bilateral subdural hematoma, skull base fracture, traumatic subarachnoid hemorrhage, occipital bone fracture, facial skin laceration, and fractures of the left fourth through eighth ribs with associated traumatic wet lung. The hospital stay lasted fifteen days, generating medical bills totaling CNY 22,517.35. A forensic appraisal conducted in December 2011 determined that the brain injury had resulted in mild restriction of daily activity capacity, qualifying as a 10th-grade disability under national standards. The appraisal further recommended six months of sick leave, one month of nursing care, and one month of nutritional supplementation.
The defendant truck belonged to a logistics company based in Shanghai and was insured under a compulsory traffic liability policy with Bohai Property Insurance Company. The insurer argued that the medical expense portion of the compulsory insurance limit had already been exhausted by a separate claim from another injured party involved in the same accident, and therefore declined to cover additional medical costs. The court acknowledged this position but upheld the remainder of the plaintiff’s claims. Lost wages were calculated based on the average annual salary of private-sector agricultural workers in the province for the year 2010, yielding CNY 10,374 for six months. Nursing care was computed at CNY 1,905.75 for one month using similar wage benchmarks. Disability compensation was set at CNY 18,000 as requested by the plaintiff, which the court found did not exceed the statutory maximum for a 10th-grade injury. Nutritional support, transportation costs, vehicle repair fees, towing charges, and appraisal fees were also allowed in varying amounts.
The court held that although the plaintiff consumed alcohol before operating the motorcycle, this fact did not extinguish the defendants’ liability under tort law. The truck driver’s secondary fault meant that the truck owner and its insurer remained obligated to pay proportionate damages. The final judgment allocated roughly thirty percent of the total loss to the trucking side, consistent with the secondary responsibility finding. The remaining seventy percent was borne by the plaintiff himself as the primarily responsible party. This case illustrates how Chinese courts apportion damages according to comparative negligence principles even when the injured party bears most of the blame for causing the accident.
This article is provided for informational purposes only and does not constitute legal advice. Traffic accident liability varies significantly across jurisdictions. Consult a qualified attorney for guidance on your specific situation.