The Beijing Xuanwu District People’s Court made its decision Wednesday in the much-debated case in which a driver hit and killed a pedestrian who was illegally crossing the street.
The court ordered Liu Huan to pay 156,900 yuan (US$19,000) to relatives of Cao Zhixiu, who was hit as she was illegally crossing Beijing’s Second Ring Road last May.
It is the first major case in the capital city involving the new Road Traffic Safety Law, which went into effect in May.
According to the law, motor vehicle drivers are basically considered responsible for any traffic accidents involving non-motorized vehicles or pedestrians. They are required to pay any compensation in excess of that provided by their insurance company.
However, the driver’s liability decreases if there is evidence that the non-motorized vehicle operator or pedestrian was in violation of the law.
The Xuanwu Branch of the Beijing Municipal Bureau of Public Security’s Traffic Management Department decided in May that Cao and Liu bore equal responsibility in the case. Liu was driving a minicar that was not permitted in the fast lane.
Both Liu and Cao’s relatives disagreed with the decision, and the Cao family filed a lawsuit against Liu claiming more than 270,000 yuan (US$32,600) in damages.
On Wednesday, the court found that Liu failed to fulfill his obligation to avoid pedestrians and ensure safety because he was operating his car in a lane where he was not allowed.
However, the court did not award the full amount sought because Cao also bore some responsibility for the accident. It ordered Liu to pay 156,900 yuan (US$19,000) in compensation for death, mental distress, and living costs for Cao’s family and court fees.
Meanwhile, Cao’s family was ordered to pay 660 yuan (US$80) for damages to Liu’s car.
Liu said yesterday that he will appeal to the Beijing No.1 Intermediate People’s Court.
“The court decision is unfair,” he said. “I never imagined that I would be fined that much.”
Liu criticized the new Road Traffic Safety Law, claiming it violates the legal rights of motor vehicle drivers.
“Under the old law, a driver might not be responsible for an accident, depending on the specific situation. But the new law says that only when the pedestrians are deliberately creating an accident or want to commit suicide can car drivers be deemed free of responsibility,” he said.
Liu said it is nearly impossible to prove a person is deliberately trying to create a traffic accident.
Wu Liangjun, the lawyer representing the Cao family, said the plaintiff basically accepted the court’s decision but has not made a final decision whether to appeal.
Some experts believe the government should take more affirmative action to clarify the law and familiarize people with it.
Traffic accidents killed 68,000 people and injured 302,000 across China in the first eight months of this year, according to the Ministry of Public Security.
A total of 340,000 traffic accidents occurred from January to August, a year-on-year rise of 24.0 percent, with the number of fatalities increasing 2.7 percent in the same period.
(China.org.cn, China Daily September 30, 2004)
