Truck Accident Victim Awarded CNY 149,451.6 in Eastern China
A pedestrian who suffered serious injuries after being struck by a heavy truck in Eastern China City has been awarded approximately CNY 149,451.6 in damages. The court found the driver fully liable and ordered the insurer to pay the bulk of the compensation, while the driver and the vehicle owner were held jointly liable for the remaining costs. The judgment resolved a dispute over medical expenses, lost income, and long-term disability.
The accident occurred on December 16, 2011, when Mr. Han, driving a heavy semi-trailer truck, turned at a junction on a national highway and struck the plaintiff, Mr. Shen, who was crossing as a pedestrian. The traffic police attributed full fault to Mr. Han. Mr. Shen sustained a comminuted fracture of the right calcaneus and was hospitalised for 70 days. The vehicle was owned by Jinlong Transport Company and insured with PICC Property Insurance Eastern China City Branch. Mr. Shen initially claimed CNY 70,000 but later increased his demand to CNY 151,951.6.
During the hearing, Mr. Shen presented six groups of evidence, including identity documents, employer records, wage slips, land acquisition agreements, police accident report, medical invoices, discharge records, forensic examination reports, and transport receipts. The insurer argued it should not pay litigation costs or appraisal fees and that the nutrition period was excessive. Mr. Han and the transport company did not appear in court. The court proceeded with a default judgment after proper summons.
The court found that Mr. Han had violated traffic safety law by failing to yield to pedestrians, causing the accident. It determined that Mr. Shen, as a landless farmer with stable urban employment, was entitled to compensation calculated under urban standards. The court accepted the forensic opinion that Mr. Shen sustained a Class IX disability (one foot arch structure destroyed) and required a further hospitalisation costing CNY 6,000 for internal fixation removal, with a recovery period of 240 days.
Key legal conclusions included that the insurer was liable to pay within the policy limits under both compulsory third-party insurance (CTPI) and commercial third-party insurance. The court allocated compensation into two categories: medical-related losses (medical fees, hospital meals, nutrition, follow-up surgery) totalling CNY 25,503.4, and disability-related losses (lost income, nursing, disability compensation, transport, moral damages) totalling CNY 122,048.2. The insurer had to pay the full disability sum and CNY 20,000 of the medical sum under CTPI, with the remaining medical CNY 5,503.4 covered by commercial insurance. The appraisal fee of CNY 1,900 was to be paid by Mr. Han and the transport company jointly.
This case underscores the broad protection provided by compulsory and commercial motor insurance in China for accident victims. The court applied established principles of joint liability between the negligent driver and the vehicle owner, and clarified that landless farmers with urban work histories are entitled to higher urban-based compensation. Victims should ensure they retain all medical, employment, and forensic evidence to support their claims. The ruling also confirms that insurers must directly compensate third parties within policy limits, even when the insured driver fails to appear.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.