Recently, there were news reports that a traffic accident occurred in Nanjing, Jiangsu, and 43-year-old Ms. Zhang, who was 8 weeks pregnant, was hit by Li's car when she was walking normally late at night, causing multiple fractures throughout Ms. Zhang's body, and even causing miscarriage and having to undergo drug abortion, resulting in inability to get pregnant in the future. Li was judged to be fully responsible for the accident, Ms. Zhang sued the court for compensation, the court held that Ms. Zhang was forced to terminate her pregnancy, there was a causal relationship with the traffic accident, and determined that the insurance company compensated Ms. Zhang for various losses, including mental damage expenses, of more than 37,000 yuan.
Can you believe it? Hit, fractured body, miscarriage, lifelong infertility, and finally only 37,000 yuan? Then netizens commented that the pot exploded,
Some lawyers believe that the state generally adheres to the principle of filling in damages for damages, so the number of damages awarded is not high. This is not very acceptable. Many times, punitive damages should be required for the guilty party. These 37,000 are somewhat insulting, and I hope that the amount of compensation awarded in the future can at least give people a little comfort.
Some lawyers believe that the injured person in this case may only sue the insurance company, in order to obtain partial compensation within the scope of insurance, and if infertility occurs, a disability evaluation should be done to obtain higher compensation. The plaintiff may not have sued or the insurance company may have paid part of the disability compensation.
Finally, a lawyer answered from three aspects: criminal, administrative, and civil.
Criminal aspect: Hitting and injuring another person so that another person can no longer have children does not constitute the crime of traffic accident. Because according to the relevant provisions of the Mainland Criminal Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents, combined with this case, Li did not drink without a license, and there was no legal consequence of causing the death of others, so Li did not constitute a crime.
Administrative: According to the provisions of the Road Traffic Safety Law, the types of penalties for traffic safety violations include warnings, fines, suspension or detention, but this is only a punishment for the driver and does not involve compensation.
Civil aspect: First of all, the pregnant woman sued Li to the court, the cause of the case should be a motor vehicle traffic accident liability dispute (some courts may also determine the cause of action as a right to life, right to body, right to health dispute), for this case, the solution is the issue of personal compensation, the additional compensation for embryo arrest is a disability compensation claim (only if it is identified as a disability lawsuit will be supported) The relevant provisions do not take embryo arrest as the assessment standard for the disability level. Although Ms. Zhang suffered multiple fractures, they did not constitute disability.
In any case, Ms. Zhang's first pregnancy turned out to be the last. From the accident in 2022 to recent news reports, Ms. Zhang only received 37,000 compensation. However, not to mention 37,000, even 370,000 cannot make up for the regret that people cannot be mothers for a lifetime.
As for what the third lawyer said: It did not cause the death of others, I do not understand, is the miscarriage of the child in the belly not considered the death of others?
Think of another accident case a few days ago: the man was convicted of dangerous driving only 10 days ago, and during the probation period, he drove an unlicensed drunk driver and knocked down the elderly, and then threw the body to escape, but was only sentenced to 6 and a half years, is this also reasonable?