Court Awards CNY 1,893 in Bus Passenger Injury Case
A Chinese court has ruled on a personal injury claim arising from a traffic accident, awarding a bus passenger compensation for medical expenses and lost income. The plaintiff, Mr. Li, was injured when two commercial vehicles collided, and the court apportioned liability equally between the two drivers. The judgment, issued on March 26, 2012, ordered the employer of one driver and the other driver personally to pay half of the proven damages each. The total compensation amounted to CNY 1,893.40, with certain deductions for amounts already paid.
The accident occurred on July 26, 2011, at about 7:35 a.m. in Eastern China City. A bus driver, Mr. Zhong, who was employed by Xin Guo Xian Transport Company, collided with a truck driven by Mr. Tu at an intersection. The plaintiff, Mr. Li, was a passenger on the bus and suffered injuries. The traffic police determined that Mr. Zhong and Mr. Tu each bore 50 percent responsibility for the collision. Mr. Li originally sued Mr. Zhong, the transport company, Mr. Tu, and the insurance company for the truck. He later withdrew his claim against Mr. Zhong. The plaintiff sought CNY 345.50 in medical costs, CNY 3,977 in lost wages for 17 days of missed work, and CNY 650 for property damage to a mobile phone.
During the hearing, the plaintiff submitted a traffic accident report, medical records, a certificate of sick leave, medical invoices, a wage statement, and a phone purchase receipt. The transport company and the insurance company raised objections. They argued that the sick leave certificate appeared to be a supplementary record not supported by the medical chart, and that the phone receipt was illegible and did not prove the loss occurred in the accident. The court reviewed the evidence. The medical expenses totaled CNY 970.20. Noting that the plaintiff’s medical chart showed stitches removed on August 3, 2011, exactly one week after the accident, the court determined a reasonable recovery period of 10 days and calculated lost wages at CNY 923.20. The claim for property damage was dismissed due to insufficient evidence.
The court held that Mr. Zhong and Mr. Tu were equally at fault for the accident. Because Mr. Zhong was acting within the scope of his employment, his employer, Xin Guo Xian Transport Company, bore vicarious liability for his share. Mr. Tu, as the actual controller of the truck, was personally liable for his share. During the proceedings, all parties agreed that the plaintiff would waive his right to claim priority compensation from the insurance company under the compulsory traffic liability insurance policy held by the truck. The court accepted this waiver. The total proven damages were CNY 1,893.40 (CNY 970.20 medical plus CNY 923.20 lost wages).
Applying the Tort Liability Law and the Road Traffic Safety Law, the court reasoned that when two motor vehicles cause harm and both drivers are at fault, liability is apportioned according to each party’s degree of fault. Since the police assigned equal fault, each side bore 50 percent. The employer of an employee who causes damage during work must compensate the victim. The court also noted that under relevant Supreme People’s Court interpretations, medical expenses and lost wages are recoverable if supported by evidence. The court found that the plaintiff’s lost wage claim was reasonable for 10 days, based on medical records and wage evidence, but rejected the property loss claim for lack of proof.
The court entered judgment requiring the transport company to pay 50 percent of the damages, or CNY 946.70, minus the CNY 624.70 it had already paid for the plaintiff’s medical expenses, leaving a net due of CNY 322.00. Mr. Tu was ordered to pay the full 50 percent amount of CNY 946.70 directly. All other claims were dismissed. The court also allocated the reduced filing fee of CNY 25 among the parties. The decision illustrates how Chinese courts allocate liability in multi-vehicle accidents involving passengers, and underscores the importance of maintaining clear medical records and receipts to support damage claims. The case also highlights that courts will carefully scrutinize claimed lost wages and property losses against documentary evidence.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.