Drivers in China may only have to pay 10 percent of the cost of damage caused by accident that is above the insurer's pay out as the country's top legislature is discussing an amendment to the much-disputed road transportation safety law.

According to a draft amendment to the law, automobile drivers will be asked to pay less than 10 percent of the compensation that exceeds the mandatory vehicle insurance for accidents involving non-motorized vehicle drivers or pedestrians-- if they can prove the victim broke traffic laws first and the automobile drivers tried to avoid the accident, the Beijing News reported today.

The current law says automobile drivers should take responsibility for accidents involving cyclists or pedestrians, no matter who is at fault. But their responsibility could be eased to some extent if evidence proves that they have taken necessary action to try to avoid the accident.

The current law was heavily criticized by car owners when it went into effect in 2004.

The draft also clarifies that automobile drivers should pay 60 percent of the cost of an accident if both involved parties are equally to blame.

Automobile drivers will pay 80 percent of the compensation if cyclists or pedestrians take minor responsibility, the draft said. But they will only be asked to pay 40 percent if cyclists or pedestrians are found to have played the major role in causing the accident.

In December, 2005, Beijing driver Liu Huan was ordered to pay nearly 100,000 yuan (US$13,000) to the family of Cao Zhixiu, who was knocked down and killed when illegally crossing a main road, which is off limits to pedestrians.

China reported 159,000 road accidents in the first six months of this year, in which 37,000 people were killed and 189,000 were injured, the Ministry of Public Security said.

(Shanghai Daily October 25, 2007)