Motorcycle rider under the influence crashes into illegally parked truck and dies; family seeks 1.2 million yuan in compensation, court rules.

Ask AI · What was the court’s ruling on the family’s claim for damages?

A man identified as Meng drove a motorcycle while intoxicated and crashed into a truck that Dong had parked illegally within the non-motorized vehicle lane; he tragically died. After the accident, the traffic administration department determined that Meng’s drunk driving was primarily responsible, while Dong’s illegal parking was the secondary responsibility. Meng’s family later sued Dong and the insurance company in court, seeking more than 1.2 million yuan in compensation. Recently, the Daxing Court, based on clarifying that “drunk driving was the main cause, and illegal parking also involved fault,” ruled in accordance with law that the insurance company compensate the deceased’s family for more than 990k yuan within the scope of compulsory traffic insurance and commercial third-party liability insurance.

On a day in 2024, in the evening, after drinking, Meng drove a motorcycle and had a head-on collision with Dong’s truck that was illegally parked in the road’s non-motorized vehicle lane. Meng suffered severe injuries and died the next day after unsuccessful hospital rescue.

After the accident, the traffic administration department determined that Meng, after drinking alcohol, did not drive a motor vehicle safely in accordance with operating procedures, and that this was the main reason for the accident, for which he bore the primary responsibility. Dong violated parking regulations, illegally parked a vehicle in the non-motorized vehicle lane, and there was a causal relationship between his illegal parking and the accident consequences, so Dong bore the secondary responsibility.

Dong applied for a review of the accident determination. After review, the traffic administration department upheld the original conclusion.

Regarding compensation, as plaintiffs, the mother, wife, and two children of the deceased Meng (including one person with intellectual disability who has limited capacity for civil conduct, and one minor child) sued Dong and the insurance company that insured the vehicle to the Daxing Court. They claimed various losses including medical expenses, death compensation, funeral expenses, and damages for mental distress. After dividing responsibility, they sought 1.2 million yuan in compensation.

During the trial, Dong challenged the accident responsibility determination. The insurance company argued that the deceased’s drunk driving had reached the standard for dangerous driving, and that he should bear all responsibility. They also maintained that the illegally parked vehicle had no direct causal relationship with the accident consequences. Even if responsibility were to be assigned, the compensation ratio should be controlled within 10% or less. They further raised objections regarding the liable insurance payment party and the scope of coverage.

After hearing the case, the court held that Meng’s drunk driving while riding a bicycle was the main cause of the accident, while Dong’s illegal parking was a secondary cause. Both parties committed traffic violations. Dong bore 30% of the accident compensation responsibility, while Meng bore 70% himself.

The illegally parked freight truck involved in the case was insured by the insurance company with compulsory traffic insurance and 1 million yuan in commercial third-party liability insurance. The accident occurred within the insurance coverage period. When a motor vehicle causes damage in a traffic accident, the insurance company providing compulsory traffic insurance shall first pay within the liability limits. Any shortfall shall be paid by the commercial third-party liability insurance according to the proportion of responsibility. Any remaining shortfall shall be borne by the tortfeasor.

Ultimately, the court ordered the insurance company, within the limits of compulsory traffic insurance and commercial third-party liability insurance, to compensate the plaintiffs for a total of more than 990k yuan, including medical expenses, death compensation, funeral expenses, property losses, and damages for mental distress, and it dismissed the plaintiffs’ other claims.

Court reminder: Illegal parking is not a minor matter; fault requires taking responsibility. Illegal parking is a traffic violation. Even if the vehicle is stationary, as long as the conduct has a legally recognized causal relationship with the accident, the driver must bear corresponding responsibility. Dong illegally parked in the non-motorized vehicle lane, occupying passage space and increasing the risk of accidents, and that was directly related to the damage outcome. Therefore, responsibility is assigned according to the proportion of fault. Compliant parking is a requirement of civilized travel and, even more importantly, a duty imposed by law.

At the same time, the court also reminded that drunk driving is a serious violation, and a driver’s own fault does not absolve others of responsibility. Meng’s drunk driving not only violated the Road Traffic Safety Law, but also constituted the crime of dangerous driving. Since he was the main cause of the accident, he bears 70% of the losses himself. However, the victim’s own fault does not directly exempt other parties from their liability. The core considerations in dividing responsibility are the causal relationship between the parties’ illegal acts and the accident, as well as the degree of fault. Each party who was at fault must bear responsibility in proportion to their fault.

Source: Beijing Daily Client

Reporter: Zhang Yu