Senior legislators hotly debated yesterday how to distribute liability for personal injury and property damage when a vehicle hits a walker or cyclist.
Currently, drivers pay compensation for personal injury and property damage in traffic accidents involving pedestrians or cyclists unless drivers can prove that the accident was caused by the injured party on purpose.
In previous national regulations, drivers were required to buy compulsory third-party insurance when they purchased their cars in case they could not afford to pay compensation out of pocket.
The insurance pays out at either 50,000 yuan (US$6,040) or 100,000 yuan (US$12,000), depending on the premium paid by drivers.
The draft law on road-traffic safety says that personal injury should first be covered by the insurance companies from which the driver has bought compulsory third-party insurance.
The amount in excess must be paid by the wrongdoer in the accident. If both parties are at fault, they should pay compensation proportionally.
Compensation for property damage in an accident will be paid using the same principle, according to the draft legislation.
In a second round of deliberations on the draft law, legislator Wu Shuqing said such provisions would lead to an increase of public awareness of traffic rules and a more efficient traffic flow.
Wu said flouting of traffic rules by some pedestrians and cyclists is a major contributor to traffic accidents.
In the first five months of this year, 326,000 traffic accidents have happened nationwide. They killed 44,000, injured 233,000 and caused property loss of 1.32 billion yuan (US$160 million).
Traffic accidents account for 72.9 percent of all accidents, according to sources with the Ministry of Public Security.
Wu's comments were echoed by legislator Tao Siju who said pedestrians and cyclists also have a duty to obey traffic rules though they are in a relatively disadvantaged position on the road.
Legislator Yang Zhenhuai criticized the provision, however, saying that it is convenient for drivers who account for "only 10 percent of the public," while ignoring the interests of the other 90 percent.
"We should protect the rights of the weak and put personal safety in front of traffic efficiency," he claimed.
Legislator Zhang Xiao supported Yang's view when he complained that the biggest problem is that pedestrians almost have no safe road to go along because of the pell-mell parking of vehicles.
"This has forced pedestrians, especially the old and children, to walk in the road and it is very dangerous," Zhang said.
(China Daily August 27, 2002)
