Oil Tanker Strikes Seven-Year-Old Child Resulting in Spleen Removal and Eighth-Level Disability

A seven-year-old boy in Henan Province has been awarded over 190,000 yuan in compensation after being struck by an oil tanker truck while walking along a provincial road. The child suffered severe injuries including a ruptured spleen that required surgical removal, an intracranial hematoma, a fractured collarbone, and a fractured shin bone.

The accident occurred on October 16, 2011, at around 10:40 AM on a provincial road in Xinxian County. The driver of a heavy oil tanker truck operated by a branch of China National Petroleum Corporation was traveling east when he struck the child pedestrian. Traffic police investigated and determined that the driver had failed to maintain a safe speed, had not observed pedestrian activity on the road, and had taken improper evasive measures when the situation arose. The driver was assigned full responsibility for the accident.

The child was first taken to a local hospital for emergency treatment and then transferred to a major hospital in Wuhan the same day. His injuries were diagnosed as a ruptured spleen, intracranial hematoma, traumatic wet lung, and multiple fractures. He underwent surgery to remove his spleen and was hospitalized for a total of 51 days across multiple treatment phases.

In January 2012, the child underwent a disability assessment at a forensic clinical judicial appraisal institute. The assessment determined that the spleen removal constituted an eighth-level disability under traffic accident injury standards. The assessment and related examinations cost 1,400 yuan.

The child’s family filed a lawsuit seeking compensation for medical expenses, nursing care, nutritional supplements, transportation costs, hospital meal allowances, disability compensation, assessment fees, future treatment costs for a second surgery, and compensation for emotional distress. Their total claim exceeded 280,000 yuan.

The trucking company argued that the child’s parents should bear some responsibility because the seven-year-old was walking along a provincial road. However, the court rejected this argument, noting that traffic police had assigned full responsibility to the driver based on his specific violations. The court also noted that the driver was acting in the course of employment, so the trucking company bore liability for his actions.

The insurance company raised several objections. They argued that they should be listed as a third party rather than a defendant, that the disability assessment was conducted too early before treatment was complete, and that the road hazardous goods carrier liability insurance did not apply to this accident. The court rejected all these arguments, finding that the insurance company could be sued directly, that the assessment was valid because the initial treatment phase had concluded, and that the hazardous goods carrier insurance did cover pedestrian injuries.

The court calculated compensation as follows. Medical expenses of 119,516.87 yuan. Nursing fees of 8,298.99 yuan based on two caregivers during the 51-day hospitalization and one caregiver for 33 days after discharge until the disability assessment. Nutritional supplements of 1,530 yuan at 30 yuan per day for 51 days. Hospital meal allowances of 2,550 yuan at 50 yuan per day for 51 days. Disability compensation of 39,624.18 yuan based on the rural per capita net income of 6,604.03 yuan per year multiplied by 20 years and the eighth-level disability rate of 30 percent. Transportation costs of 3,000 yuan. Assessment fees of 1,400 yuan. Emotional distress compensation of 15,000 yuan. The total came to 190,920.04 yuan.

The court rejected the claim for lost wages because the child was a minor who was not employed. The claim for future second surgery costs was also rejected because those costs had not yet been incurred, with the court noting the family could seek compensation after the surgery actually occurred.

The trucking company had paid 69,000 yuan toward medical expenses during the child’s hospitalization. The truck carried both mandatory traffic accident liability insurance and road hazardous goods carrier liability insurance with coverage of 50,000 yuan per person for injury or death. The insurance company was ordered to pay compensation up to the policy limits, with the trucking company responsible for any excess.

This case demonstrates how courts handle accidents involving commercial vehicles operated by large state-owned enterprises. Despite arguments about shared responsibility, courts rely on police determinations when they are based on specific traffic violations. The case also shows how multiple insurance policies can combine to provide coverage for serious accidents.

Disclaimer: The information presented in this article is based on publicly available court records and is intended for educational purposes only. It does not constitute legal advice. Readers should consult qualified legal professionals for advice specific to their circumstances.