Oil Tanker Company Liable for 281,000 Yuan After Child Struck on Provincial Highway

A seven-year-old boy struck by a heavy oil tanker on a provincial highway has been awarded substantial compensation for severe injuries including spleen removal. The case examines employer liability when employee drivers cause accidents during work duties.

In October 2011, a driver employed by a petroleum transportation company was operating a heavy oil tanker on a provincial highway in central China. The tanker struck a child walking along the roadside, causing injuries including a ruptured spleen, intracranial hematoma, traumatic lung complications, and multiple fractures.

The child was initially treated at a local hospital before being transferred to a major university-affiliated hospital in Wuhan. Over three hospital stays totaling 51 days, medical expenses reached 119,516 yuan. The spleen had to be surgically removed, and the child was assessed as having a Level 8 disability, one of the more serious disability ratings under Chinese standards.

The petroleum company acknowledged the accident but raised several defenses. They argued that the child’s parents bore some responsibility for allowing a young child near a highway. They also contested the timing of the disability assessment, suggesting it should have waited until treatment was fully complete. The company had already paid 69,000 yuan in advance medical expenses.

The insurance company disputed being named as a co-defendant, arguing it should have been listed as a third party rather than a defendant. They also claimed the road cargo liability insurance did not apply to personal injury claims.

The court found that the traffic police determination of full driver responsibility was appropriate. The driver had failed to maintain a safe speed, had not properly observed road conditions, and had taken improper evasive action. Since the driver was performing job duties at the time, the employer company bore vicarious liability for all damages.

The court confirmed that the insurance company was properly joined as a co-defendant with direct payment obligations. Compensation was first to be drawn from compulsory traffic insurance, then from the cargo liability policy, with any remaining amount covered by the employer.

The claim for lost wages was rejected as the victim was a minor. Nursing care, medical expenses, disability compensation, and assessment costs were all approved based on documented evidence.

This case demonstrates that employers bear full financial responsibility when their employees cause accidents during work. Companies operating hazardous cargo vehicles should maintain adequate insurance coverage and enforce strict driver safety protocols.

Disclaimer: This article summarizes a court judgment for educational purposes only and does not constitute legal advice.