Road Accident Compensation Dispute Awards CNY 93,169
A pedestrian injured in a road traffic accident brought a claim for compensation against the driver, the vehicle owner, the transport company, and the insurance company. The court determined the driver was fully at fault, apportioned liability among the parties, and assessed damages including for a subsequent re-fracture of the plaintiff’s leg. The case highlights the application of proportional causation in personal injury claims.
On December 5, 2010, a bus driver employed by Mr. Wang struck Mr. Li while the latter was walking on a non-motorized lane. The traffic police held the driver fully responsible. The bus was owned by Mr. Wang, registered with Zhongda Transport Company for commercial operation, and insured under a compulsory motor vehicle liability policy with Pacific Insurance Company. Mr. Li sustained a left femur fracture, underwent hospitalization and surgery, and later suffered a re-fracture due to a broken bone plate. He claimed a total of CNY 93,169.53 for medical expenses, lost income, nursing fees, disability, dependent support, and other costs.
During the hearing, the court reviewed evidence including the accident report, medical records, hospital bills, an employment certification, and forensic appraisals. Two court-appointed appraisals were conducted: one confirmed a ten-percent disability rating, and the other analyzed whether the re-fracture was related to the accident. The latter concluded a 5% contributing factor (auxiliary causation). The defendants challenged the plaintiff’s employment proof, the medical necessity of some hospital days, and the causal link for re-fracture costs. The court heard arguments from all parties and admitted the evidence after cross-examination.
The court found the driver solely negligent and assigned full liability for the accident. The insurance company was ordered to pay within the compulsory coverage limits. Mr. Wang, as the driver’s employer, was liable for any shortfall, and Zhongda Transport Company bore supplementary liability as the vehicle’s guarantor. The court calculated damages by applying the 5% causation factor to the re-fracture-related expenses. It awarded medical costs of CNY 32,802.39, lost income of CNY 9,488.79 based on the plaintiff’s daily wage, nursing fees of CNY 1,540, transportation costs of CNY 300, plus disability compensation and hospital meal subsidies. The plaintiff’s claim for his mother’s dependency support was rejected because she had not reached retirement age at the time of the accident.
The court’s reasoning centered on the principle of proportional liability for sequential injuries. It accepted the forensic appraisal that the accident had only an auxiliary (5%) causal role in the re-fracture, thereby limiting the defendants’ exposure for that part of the loss. The court also weighed the sufficiency of employment documentation: although the plaintiff’s company registration had expired, the wage records and employment certificate were considered adequate under the circumstances. The court did not deduct non-medical costs as requested by the insurer, finding that such expenses were necessary for recovery.
This case demonstrates how courts assess causation when a plaintiff suffers a second injury after the initial accident. The use of forensic appraisals to apportion fault is a key tool in personal injury litigation. Practitioners should note that dependent support claims require proof that the dependent lacks capacity to work, and that medical records must clearly document continuous treatment to avoid challenges of “empty bed” stays. The ruling also clarifies that compulsory insurance will not cover all costs, and that employers and guarantors may be called to satisfy unpaid balances.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.