Traffic Accident Injury Claim Yields Over 78,000 Yuan for Child Pedestrian in Eastern China
Traffic Accident Injury Claim Yields Over 78,000 Yuan for Child Pedestrian in Eastern China
CASE OVERVIEW
A civil court in Eastern China has ordered an insurance company to pay approximately 78,167 yuan in compensation to a child who was seriously injured when struck by a police vehicle. The case, heard in early 2011, involved claims for medical expenses, nursing care, and emotional distress following a road traffic accident. The court found the driver primarily at fault but also assigned some responsibility to the young victim for failing to watch for oncoming traffic.
CASE BACKGROUND AND FACTS
In October 2009, a minor identified as Mr. Zheng was struck by a police minibus owned by a local public security bureau in Eastern China. The vehicle was being driven by an officer named Mr. Zhu, who was on duty at the time. The accident occurred around midday when Mr. Zheng, who had just alighted from a public bus, attempted to cross the road from west to east at a village bus stop.
The child was thrown into the air by the impact and suffered a concussion and a fracture of the left tibia. Mr. Zheng was initially taken to a local clinic for emergency treatment and later transferred to a county hospital for inpatient care. Due to the child’s young age and the severity of the injuries, medical staff recommended two-person nursing care during hospitalization. The total period of hospitalization across two admissions was 47 days, and the total claimed nursing days amounted to 289.
The traffic police determined that the driver, Mr. Zhu, bore primary responsibility for the accident. They found that he failed to reduce speed at an intersection, overtook recklessly while a bus was dropping off passengers, and did not adequately anticipate the presence of pedestrians. Mr. Zheng was assigned secondary responsibility for failing to pay sufficient attention to oncoming vehicles. A forensic assessment later classified the child’s injuries as a Level 10 disability, the lowest grade on China’s disability scale.
The vehicle involved was insured under a compulsory traffic accident liability insurance policy with a local branch of a major state-owned insurance company.
COURT PROCEEDINGS AND EVIDENCE
The plaintiff, acting through his legal guardian, initiated proceedings against both the public security bureau and the insurance company. The plaintiff sought total compensation of 80,949.77 yuan, covering medical expenses, nursing fees, hospitalization meals, disability compensation, transport costs, nutrition, emotional distress damages, and assessment fees.
The public security bureau acknowledged the facts of the case but disputed three receipts from the county hospital totaling 193 yuan, arguing they did not constitute proven medical expenses directly related to the accident.
The insurance company challenged the reasonableness of the claimed nursing period of 289 days, proposing instead a total of 158 days. The insurer also argued that certain medical costs should be reduced according to insurance policy classifications and that the emotional distress award should be lowered to 3,500 yuan given the plaintiff’s contributory fault.
The court reviewed all documentary evidence including the traffic accident report, medical records, nursing certificates, expense receipts, transport tickets, and the disability assessment. The court accepted the authenticity of most evidence but rejected three receipts that did not meet formal evidentiary standards. The court also noted that medical insurance reimbursements should be deducted from the claimed medical expenses.
COURT FINDINGS AND JUDGMENT
The court held that the driver, Mr. Zhu, failed to exercise proper care while driving and caused injury to the plaintiff. Because Mr. Zhu was acting within the scope of his employment, the public security bureau was vicariously liable for his negligence. However, the court also recognized that the plaintiff, a child under ten years old at the time of the accident, bore some responsibility for the incident.
Applying the Road Traffic Safety Law, the court ruled that the insurance company must pay compensation within the limits of the compulsory insurance policy. The court calculated the plaintiff’s total reasonable losses at 78,166.77 yuan. This amount included medical expenses of 29,589.63 yuan, nursing fees, hospitalization meals, disability compensation, assessment fees, transport costs of 400 yuan, and emotional distress damages of 4,500 yuan. The court denied the claim for nutrition expenses due to insufficient supporting evidence.
The court ordered the insurance company to pay the full amount within ten days of the judgment taking effect. All other claims were dismissed. The public security bureau was ordered to bear half of the court filing fee, amounting to 354.5 yuan.
KEY LEGAL PRINCIPLES
This case illustrates several important principles in Chinese tort law. The Road Traffic Safety Law establishes a system of compulsory insurance where the insurer bears primary responsibility for compensating victims of traffic accidents. Where the victim also bears some fault, the principle of contributory negligence applies, allowing the court to reduce the damages recoverable.
Under the General Principles of Civil Law, an employer is vicariously liable for harm caused by an employee acting within the scope of employment. The court applied this principle to hold the public security bureau responsible for the actions of its driver.
The Judicial Interpretation on Personal Injury Compensation provides detailed guidance on calculating damages, including medical expenses, nursing fees based on actual care needs, and disability compensation calculated according to the victim’s household registration status and the local income standard.
PRACTICAL INSIGHTS
For plaintiffs in personal injury cases, this decision highlights the importance of maintaining complete and proper documentation. The court rejected certain receipts that did not meet evidentiary standards, and it reduced the claimed transport costs from 490 yuan to 400 yuan based on a reasonableness assessment.
The case also demonstrates that courts will scrutinize claims for extended nursing periods, particularly where the victim is a child. However, where the opposing party fails to produce contrary evidence, the court may accept medical recommendations regarding the duration and intensity of care needed.
Parties should note that emotional distress damages are available in personal injury cases but are subject to the court’s discretion. The court here reduced the claimed amount from 5,000 yuan to 4,500 yuan, reflecting the plaintiff’s contributory fault.
LEGAL REFERENCES
Road Traffic Safety Law of the People’s Republic of China (2007 Revision), Article 76, Paragraph 1
General Principles of the Civil Law of the People’s Republic of China, Articles 106, Paragraph 1, and 119
Supreme People’s Court Judicial Interpretation on Issues Concerning the Application of Law in Trials of Personal Injury Compensation Cases, Articles 17, Paragraph 1, 18, Paragraph 1, 19, Paragraph 1, 21, Paragraph 1, 22, 23, Paragraph 1, 25, Paragraph 1, and 35, Paragraph 1
Supreme People’s Court Judicial Interpretation on Issues Concerning the Determination of Emotional Distress Damages in Civil Tort Cases, Article 10, Paragraph 1
Civil Procedure Law of the People’s Republic of China (2007 Revision), Article 64, Paragraph 1
DISCLAIMER
This article is provided for informational purposes only and does not constitute legal advice. Laws and judicial interpretations may vary by jurisdiction and may have changed since the date of this judgment. Readers should consult a qualified legal professional for advice specific to their circumstances.