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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