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Motorist ordered to pay accident victim
By Liu Li (China Daily)
Updated: 2004-09-30 08:45
A driver will have to pay up after hitting and killing a pedestrian who
ignored traffic safety.
In what has been a long-debated case, the Beijing Xuanwu District People's
Court Wednesday ordered Liu Huan to pay 156,900 yuan (US$19,000) to relatives of
Cao Zhixiu, a female farmer who was hit while illegally crossing Beijing's
Second Ring Road last May.
The case is the first after the Road Traffic Safety Law went into effect in
May, sources said.
According to the law, motor vehicle drivers should shoulder full
responsibility for traffic accidents with non-motor vehicles or pedestrians if
the insurance company does not pay full compensation.
But the responsibility shouldered by owners of motor vehicles decreases if
there is evidence that non-motor vehicle drivers or pedestrians break the law or
motor vehicle drivers adopt immediate and effective measures to deal with the
situation.
The Xuanwu Branch of the Traffic Management Bureau of the Beijing Municipal
Bureau of Public Security decided later in the month that Cao and Liu shoulder
equal responsibility because mini-cars like his are not permitted to run in the
fast lane of the road.
But Liu and Cao's relatives disagreed with the decision.
Cao's relatives sued Liu for more than 270,000 yuan (US$32,600).
The court judged Liu failed to fulfil his obligation to avoid pedestrians and
ensure safety.
At the same time, Liu's car was not allowed in the lane where he hit the
victim, the court said.
However, the judgment said both Liu and Cao shoulder some responsibility.
The compensation of 156,900 yuan (US$19,000) includes compensation for death,
mental injury, living fees for Cao's relatives and court fees.
Meanwhile, relatives of Cao will have to pay 660 yuan (US$80) for the damages
to Cao's car.
Liu said yesterday that he will appeal to a higher court, the Beijing No 1
Intermediate People's Court.
"The court decision is unfair," he said, stressing that Cao should not have
been crossing the road illegally.
"I never imagined that I would be fined that much," Liu said.
Liu criticized the new Road Traffic Safety Law, claiming it violates the
legal rights of motor vehicle drivers.
"In the old law, a driver could not be responsible for an accident, depending
on the specific situation. But the new law prescribes that only when the
pedestrians are deliberate in creating an accident or want to commit suicide can
car drivers be deemed not responsible," he said.
Liu said it is nearly impossible to prove a person is deliberately trying to
create a traffic accident.
Some experts said the government should shoulder some responsibility to
manage the law and educate people about the new rules.
Wu Liangjun, the lawyer representing Cao's relatives,
said the plaintiff basically accepted the court decision and has not decided
whether to appeal.
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