Court Awards CNY 4778.75 in Traffic Accident Dispute
A court in Eastern China City has ruled on a personal injury case arising from a traffic accident. The plaintiff, Mr. Chen, was a passenger injured in a collision between two vehicles. The court found both drivers equally at fault and ordered each to pay half of the total compensation amount of CNY 4778.75, after deducting certain claims. The judgment also addressed issues of employer liability and the order of insurance compensation.
The accident occurred on July 26, 2011, at around 7:35 a.m. Mr. Zhong, driving a large passenger bus owned by a transport company, collided with a truck driven by Mr. Tu at an intersection. The traffic police determined that both drivers were equally responsible for the accident. Mr. Zhong was an employee of the transport company and was performing his work duties at the time. Mr. Tu was the actual controller of the truck. The truck was insured under a compulsory traffic insurance policy with an insurance company. Mr. Chen sued Mr. Zhong, the transport company, Mr. Tu, and the insurance company for medical expenses, nursing fees, hospital meal allowance, lost income, and property damage.
During the court hearing, Mr. Chen submitted several pieces of evidence: the traffic accident report, medical records, medical expense receipts, a receipt for a damaged mobile phone, a nursing fee invoice, and a wage sheet along with a medical certificate to support his claim for lost income. The defendants raised objections. The transport company argued that the claim for joint liability lacked legal basis and that the plaintiff had not proven property loss or actual lost income. The insurance company aligned with the transport company. The court examined each piece of evidence and heard oral arguments from all parties.
The court accepted the accident report, medical records, and medical expense receipts without dispute. Regarding the lost income claim, the court considered the medical certificate and the plaintiff’s injury and set a recovery period of 20 days. However, the court rejected the wage sheet as insufficient proof and instead calculated the lost income based on the average wage of employees in the locality, amounting to CNY 1846. The court also allowed medical expenses of CNY 2698.15, nursing fees of CNY 184.60, and a hospital meal allowance of CNY 50. The claim for property damage (the phone) was dismissed for lack of evidence.
The court held that the two drivers were equally at fault, and therefore their respective employers or the individual defendant should each bear 50 percent of the plaintiff’s compensable losses. Since Mr. Zhong was acting within the scope of his employment, his employer, the transport company, was held liable for his share. The parties agreed that the plaintiff voluntarily waived the right to seek priority compensation from the compulsory insurance policy, and the court approved this waiver. Accordingly, the transport company and Mr. Tu were each ordered to pay CNY 2839.37 to Mr. Chen, representing half of the total assessed damages.
This case illustrates how Chinese courts apportion liability in multi-vehicle accidents where both drivers share fault. The judgment confirms that employers are vicariously liable for their employees’ negligence during work, and that plaintiffs may choose to bypass compulsory insurance in certain situations. The court also demonstrated a preference for objective wage data over unverified internal records when calculating lost income. Parties should ensure they provide clear documentary evidence for all claimed losses, as speculative claims for property damage may be rejected.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.