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Lawsuits involving traffic accidents between motorists and pedestrians or non-motor vehicles have come under the public spotlight since the Road Traffic Safety Law went into effect in May last year.
Possibly the best known was when a woman walking on Beijing's Second Ring Road was knocked down and killed by a small car.
Cao Zhixiu was killed in May as she crossed the road at a place where pedestrians are forbidden.
The Beijing Xuanwu District People's Court ruled that driver Liu Huan was as much to blame as the victim for failing to adopt effective measures, and that the car's brakes were faulty. Liu was ordered to pay compensation of 157,000 yuan (US$19,000) to Cao's family.
Both parties disagreed with the judgment and appealed to the Beijing No 1 Intermediate People's Court.
The first hearing was held last month and no judgment was passed.
"Although I appealed, I do not expect any change in the court's decision," Liu told China Daily Monday.
Liu called himself a victim of the Road Traffic Safety Law.
Liu believes he should pay just 30 per cent of the compensation order.
Husband Wu Junfa is claiming 230,000 yuan (US$28,000) from Liu.
In another case in November, the driver was ordered by Beijing No 2 People's Court to pay 87,000 yuan (US$11,000) to the victim.
Taxi driver Zhang Chunmin knocked down Wu Lixin as Wu was riding his bicycle, drunk, in a car lane, heading in the wrong direction.
Wu died.
Zhang was acquitted of blame by both the traffic administration organ and the court, but was still held responsible for between 10 and 20 per cent of the compensation order.
The court raised his liability to 25 per cent as the driver's company agreed to pay 25 per cent," the judgment said.
Another grass-roots court in Beijing, the Beijing Chaoyang District People's Court, ordered the Beijing Branch of the Property and Casualty Company Limited of the People's Insurance Company of China to pay compensation although the insured vehicle was not found responsible for the accident.
(China Daily January 4, 2005)
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