Pedestrian Hit on Crosswalk: Court Awards 30,317 Yuan in Eastern China Car Accident Case
Pedestrian Hit on Crosswalk: Court Awards 30,317 Yuan in Eastern China Car Accident Case
Case Overview
A pedestrian was struck by a company vehicle while crossing a road in Eastern China, resulting in tendon and bone injuries. The court ruled that the driver bore full responsibility, with the employer and insurer both ordered to pay compensation. The total award amounted to 30,317.50 yuan for medical expenses, lost income, and other damages.
Case Background and Facts
On July 16, 2010, at approximately 5:00 PM, Mr. Jiang was crossing a road in Eastern China when he was hit by a car driven by Mr. Zhu. The accident occurred on a crosswalk. Mr. Jiang sustained injuries including a ruptured extensor tendon in his left little finger, a fracture of the right fifth metacarpal bone, a scalp hematoma, and multiple soft tissue contusions. He was hospitalized for 19 days, from the date of the accident until August 4, 2010. The traffic police determined that Mr. Zhu was fully at fault and that Mr. Jiang bore no responsibility. Mr. Zhu was an employee of Beilei Mold Company, which owned the vehicle. The car was insured under a compulsory third-party liability policy with the People’s Insurance Company of China.
Court Proceedings and Evidence
Mr. Jiang filed a lawsuit on November 25, 2010, seeking total compensation of 38,655.86 yuan. This amount included medical costs of 18,022.36 yuan, lost wages for 139 days at 85 yuan per day, hospitalization meal subsidies, nursing fees, transportation costs, and 5,000 yuan for emotional distress. The defendants included Mr. Zhu, Beilei Mold Company, and the insurance company. Mr. Zhu argued that some claims were excessive. The company confirmed it had already paid 15,000 yuan toward medical expenses. The insurer agreed to pay medical costs within policy limits but challenged the claimed lost wages, nursing fees, transportation costs, and emotional distress damages. Mr. Jiang submitted multiple pieces of evidence: the traffic accident report, medical records, hospital discharge summary, medication lists, medical expense receipts, transportation tickets, doctor-issued leave certificates, pay slips for three months before the accident, and insurance policy documents. All defendants accepted the authenticity of most documents, though they disputed the amount of lost wages and the necessity of nursing care.
Court Findings and Judgment
The court found that the traffic police report accurately assigned full fault to Mr. Zhu. Because Mr. Zhu was acting within the scope of his employment, his employer, Beilei Mold Company, was liable for damages exceeding the insurance coverage. The court calculated Mr. Jiang’s total losses as follows: medical expenses of 18,022.36 yuan, nursing fees of 1,615 yuan (85 yuan per day for 19 days), hospitalization meal subsidies of 475 yuan (25 yuan per day for 19 days), transportation costs of 300 yuan, and lost wages of 9,905.14 yuan (71.26 yuan per day for 139 days). The total came to 30,317.50 yuan. The insurance company was ordered to pay 21,820.14 yuan from the compulsory insurance policy. The remaining 8,497.36 yuan was to be paid by Beilei Mold Company. Since the company had already advanced 15,000 yuan, Mr. Jiang was entitled to receive a net payment of 15,317.50 yuan from the combined awards. The court dismissed Mr. Jiang’s claim for emotional distress damages, finding no legal basis.
Key Legal Principles
The court applied the principle that when a vehicle hits a pedestrian, the insurer must first compensate within the compulsory insurance limits. Any remaining damages are allocated based on fault. An employer is vicariously liable for accidents caused by employees performing work duties. Lost wages are calculated based on average income before the accident, not the plaintiff’s requested daily rate. Nursing fees require medical documentation of need. Transportation costs are limited to reasonable expenses tied to medical visits.
Practical Insights
This case demonstrates that pedestrians injured on crosswalks can expect full compensation when the driver is at fault. Claimants should keep thorough records of medical bills, pay stubs, and transportation receipts. Employers face liability for employee driving accidents during work. Insurance policies cover initial losses, but excess damages fall on the responsible party. Emotional distress claims without severe injury or permanent disability are unlikely to succeed.
Legal References
Tort Law of the People’s Republic of China: Articles 16 and 34, Paragraph 1. Supreme Peoples Court Interpretation on Compensation for Personal Injury in Civil Cases: Articles 17, Paragraph 1, 19, Paragraph 1, 20, Paragraph 1, 21, Paragraph 1, 22, and 23, Paragraph 1.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.