Court Awards CNY 173,499.6 in Traffic Accident Dispute
A court in Eastern China City has ordered a truck driver to pay CNY 173,499.6 in damages to a passenger injured in a 2011 road accident. The passenger, Mr. Wang, suffered severe injuries when the car he was riding in collided with a heavy truck parked illegally on the national highway. The court found the truck driver, Mr. Zhang, partly responsible for failing to follow road safety rules and for driving an unauthorized vehicle without compulsory insurance.
The accident occurred on February 24, 2011, around 10 p.m. Mr. Li, driving a minibus southbound on the new National Highway 2, crashed into a heavy dump truck owned and operated by Mr. Zhang. The truck was parked on the road without proper warning signs and was overloaded. Mr. Li died at the scene. The minibus passenger Mr. Wang and another passenger, Mr. Chen, were injured. The traffic police determined that Mr. Li bore primary fault for drunk driving and unsafe speed, while Mr. Zhang bore secondary fault for driving an illegally modified truck and failing to park safely. Mr. Wang sued Mr. Zhang for CNY 100,000 in damages, as Mr. Li’s estate was insolvent.
During the hearing, Mr. Wang’s lawyer presented medical records showing two hospital stays totaling 175 days, with medical expenses of CNY 278,192.91. A forensic appraisal confirmed multiple injuries including rib fractures, limb impairment, and nerve damage, resulting in a combined disability rating of Grade 8, 9, 9, and 10. The appraisal also estimated CNY 20,000 for a second surgery to remove internal fixation hardware. Mr. Wang claimed lost income for 238 days based on his average monthly wage of CNY 2,643, and nursing costs for the same period based on his relative’s wage of CNY 2,397 per month. The defendant, Mr. Zhang, did not appear or submit a defense.
The court accepted the traffic police’s accident report as accurate and legally sound. It found Mr. Zhang liable for his share of fault, which was assessed at 30% of the non-insurance losses. Because Mr. Zhang had not purchased compulsory motor vehicle insurance (often called “jiaotong qiangxian”), the court applied relevant law requiring the vehicle owner to pay the first portion of damages within the limits that insurance would have covered. Specifically, Mr. Zhang was ordered to pay CNY 9,000 for medical expenses and CNY 33,000 for death/disability losses from the insurance layer, plus 30% of the remaining CNY 438,332, or CNY 131,499.6.
The court reasoned that under the Tort Law and the Road Traffic Safety Law, a person who causes injury through fault must compensate the victim. Mr. Zhang’s failure to insure his vehicle was a key factor, as the law mandates that uninsured owners bear the same initial liability as an insurance company would. The court also noted that the plaintiff’s claimed amounts for medical costs, lost income, nursing care, and future surgery were reasonable and supported by evidence. The total compensable loss was calculated at CNY 480,332.11, and after applying the 30% fault share and the mandatory insurance substitute layer, the final award was CNY 173,499.6.
This case illustrates how Chinese courts handle multi-party traffic accidents when one at-fault driver dies and the other lacks insurance. The judgment reinforces the principle that all vehicle owners must maintain compulsory insurance, and that an uninsured owner remains personally liable for the first layer of compensation. For victims, it shows the importance of preserving medical records, wage certificates, and expert appraisals to prove economic losses. The decision also confirms that courts will reduce damages in proportion to the defendant’s degree of fault, and will not require plaintiffs to seek recovery from deceased drivers when no estate exists.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.