Traffic Accident Victim Awarded CNY 124,216 by Court
A Central China City court has ruled in favor of an injured woman in a traffic accident case, ordering the at-fault driver and his insurance company to pay a total of CNY 124,216 in damages. The plaintiff, Ms. Fan, was struck by a truck while riding an electric bicycle in November 2009. She suffered severe injuries including a skull fracture, brain hemorrhage, and broken arm bones. The court found the driver 80 percent responsible and the plaintiff 20 percent at fault.
The accident occurred when a truck driven by an employee of the defendant, Mr. Han, hit Ms. Fan as she crossed a road on her electric bicycle. Police determined that the truck driver was speeding, which was the main cause, while Ms. Fan failed to dismount while crossing the vehicle lane. Ms. Fan underwent three hospital stays, including surgeries to remove metal implants from her earlier fracture treatment. She later developed permanent disabilities and was assessed with a combined nine percent and ten percent disability rating.
During the hearing, Ms. Fan presented extensive evidence including medical records, hospital bills, diagnosis certificates, and a prior court judgment from an earlier compensation claim related to the same accident. She also provided proof of employment at a local adhesive factory earning CNY 60 per day, as well as documentation showing she had become a landless farmer after her farmland was requisitioned for development in 2007. The court also reviewed a forensic evaluation confirming her disability ratings.
The court held that Mr. Han, as the vehicle owner, was liable for the injuries caused by his employee. Because the truck was insured under a compulsory traffic accident liability policy, the insurance company was required to pay within the policy limits. The court found that Ms. Fan’s medical expenses, hospitalization food allowance, appraisal fees, and copying costs were reasonable. It calculated her lost income based on 400 days of recovery at CNY 60 per day, totaling CNY 24,000. The court also awarded nursing fees, transportation costs, and CNY 12,000 for emotional distress.
According to relevant law, the court applied the principle of proportional liability. The insurance company was ordered to pay the first tier of damages including lost income, nursing fees, transportation, emotional distress, and part of the disability compensation. Mr. Han was ordered to pay the remaining 80 percent share of medical expenses, hospitalization food allowance, copying fees, and the balance of disability compensation. The court reduced Ms. Fan’s claimed lost income from 427 days to 400 days, noting that 27 days had already been compensated in the prior judgment. It also adjusted her transportation claim from CNY 456 to CNY 200 based on actual needs.
This case highlights how courts assess damages in traffic accidents when the victim has ongoing medical needs and permanent disability. The court considered Ms. Fan’s transition from rural farmer to urban resident and applied the higher urban income standard for disability compensation. The ruling confirms that insurance companies must pay first within policy limits, with the at-fault driver covering the remainder. The decision also shows the importance of keeping detailed medical and employment records to support damage claims. Parties have 15 days to appeal the judgment.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.