Court Awards CNY 1,387.5 in Traffic Accident Liability Case
The court resolved a dispute arising from a two-vehicle collision that injured a minor passenger. The plaintiff, represented by his legal guardian, sought compensation for medical expenses, nursing care, transportation, and hospital food allowance. The defendants were the two drivers involved, and a third-party insurer was joined to address insurance coverage. The court determined liability based on each driver’s failure to exercise proper caution and apportioned damages accordingly.
On July 2, 2011, the first defendant was driving a small passenger vehicle carrying several passengers, including the minor plaintiff. At an intersection in Central China City, the second defendant was driving a three-wheeled cargo motorcycle making a left turn when the vehicles collided. The plaintiff suffered injuries and was hospitalized for four days, incurring medical costs of CNY 1,007.5. The traffic police could not determine the traffic signal status at the intersection and issued a certificate of accident without fault determination. Both defendants disputed their degree of fault, and the insurer argued the second driver bore no responsibility.
During the hearing, the court reviewed documentary evidence including identity records, vehicle registration, insurance policy, medical bills, and the police accident certificate. Witness testimony from both parties and their legal representatives was also presented. The plaintiff’s claims totaled CNY 18,807.5, comprising medical fees, nursing care (CNY 4,800), hospital food allowance (CNY 1,200), and transportation (CNY 1,800). The first defendant had already advanced CNY 1,007.5 in payments and asked the court to include that amount in the final settlement.
The court found that both drivers failed to maintain adequate observation of their surroundings while approaching the intersection, thereby breaching their duty of safe driving. Since the traffic light status could not be established, the court apportioned fault based on the respective roles and severity of negligence: the first defendant bore 80% responsibility and the second defendant 20%. The passengers, including the plaintiff, were found not negligent. Because the second defendant’s vehicle was insured under a compulsory traffic accident liability policy, the insurer was ordered to compensate the plaintiff within the policy limits.
Under relevant provisions of the Tort Liability Law and the Traffic Safety Law, the court held that both defendants committed joint infringement by directly combining their negligent acts to cause injury. Consequently, they were jointly and severally liable for the plaintiff’s losses. The court assessed the plaintiff’s actual recoverable damages at CNY 1,387.5: medical expenses of CNY 1,007.5, nursing care at CNY 50 per day for four days (CNY 200), transportation costs set at a reasonable CNY 100, and hospital food allowance at CNY 20 per day (CNY 80). The insurer was directed to pay this full amount, with CNY 1,007.5 reimbursed to the first defendant for his advance payment and the remaining CNY 380 to the plaintiff.
The court’s decision underscores the importance of driver vigilance at intersections, particularly when traffic signals cannot be verified. It also illustrates how joint liability applies when multiple drivers contribute to an accident. The insurer’s obligation under compulsory insurance was strictly enforced. All other claims were dismissed. This case serves as a practical reminder that even minor collisions can result in proportional liability and insurance payouts. The court also allocated litigation costs between the defendants.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.