Parents Awarded CNY 179440 in Fatal Collision Case
The parents of a man killed in a traffic accident have been awarded 179440 CNY by a court in Eastern China City after a judge found the defendant driver partially liable. The court ruled that the defendant, Mr. Zhang, must compensate the plaintiffs for their son’s death, even though the deceased was primarily responsible for the crash. The award reflects the defendant’s failure to insure his vehicle and his minor role in the collision.
The incident occurred on 24 February 2011 at around 10 p.m. in a district of Eastern China City. The plaintiffs’ son, Mr. Li, was driving a small passenger vehicle southbound on a national highway. He collided with a heavily overloaded heavy-duty dump truck driven by the defendant, Mr. Zhang. Mr. Li died at the scene. Two passengers in his car were injured. The traffic police determined that Mr. Li had been driving while intoxicated and had failed to maintain a safe speed and proper observation, making him primarily responsible for the accident. Mr. Zhang was found to have been driving a modified vehicle and had parked improperly without placing reflective warning signs, contributing to the collision as a secondary cause.
The plaintiffs appeared through their legal representative, Mr. Zhang, while the defendant did not attend the hearing. The court examined the police accident report, which attributed 70 percent fault to Mr. Li and 30 percent fault to Mr. Zhang. Evidence also included the medical expenses and losses claimed by the two injured passengers in separate lawsuits, totalling over 518,000 CNY. The court confirmed that the defendant had not purchased compulsory motor vehicle liability insurance for his truck, as required by law.
The court adopted the police fault allocation and applied relevant provisions of China’s tort law and traffic safety regulations. It found that because Mr. Zhang failed to insure his vehicle, he was liable to pay compensation within the equivalent limits of compulsory insurance for death and injury, which stood at 110,000 CNY per accident at the time. After deducting portions for the two injured passengers, the court determined that 77,000 CNY of the compulsory insurance limit remained for the plaintiffs. The plaintiffs’ total losses from the death were calculated at 418,466.50 CNY, comprising 398,920 CNY for wrongful death and 19,546.50 CNY for funeral expenses. The court dismissed the claim for 131,130 CNY in dependency support because Mr. Li’s mother had not reached the age required to receive such support.
Under the applicable law, a driver without compulsory insurance must first pay the amount that would have been covered by such insurance. The court held that Mr. Zhang must pay the plaintiffs 77,000 CNY from the deemed insurance quota. For the remaining 341,466.50 CNY, the court applied the 30 percent fault share, resulting in 102,440 CNY. The total award was 179,440 CNY. The court ordered full payment within ten days of the judgment taking effect. The defendant was also ordered to bear most of the litigation costs, with the plaintiffs paying a small portion.
This case underscores the serious consequences of failing to maintain compulsory vehicle insurance. Even when a deceased driver is primarily at fault, the other party may still bear a proportional share of liability, and the absence of insurance can shift the entire compensation burden onto the individual defendant. The ruling reinforces the principle that all vehicle owners must comply with insurance requirements to protect themselves and others. It also illustrates how courts calculate damages when multiple injured parties compete for limited insurance coverage.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.