A female nurse surnamed Chen drove to the left and injured a male rider. The High Court found that Chen was 80% negligent and awarded a compensation of more than 2.03 million yuan.

(file photo)

[Reporter Yang Guowen/Taipei Report] A female nurse surnamed Chen was driving through a road in Taoyuan City and turned left first. A male motorcyclist surnamed Cai who was going straight hit the road before he could stop, and the car fell to the ground. Cai was sent to the hospital. He had to rely on crutches to walk, and the loss of labor force reached 16%. She was angry and asked for compensation, but Ms. Chen argued that Cai Nan was taken care of by his mother, not a professional caregiver. The full cost of nursing care should not be calculated, and the average monthly salary of Cai Nan after the car accident was higher than before the accident. , so there is no liability for compensation for labor loss, but the high court found that Chen's claims were unfounded and ordered compensation of more than 2.03 million yuan.

Appealable.

Cai Nan works as a technician in a listed company. He filed a lawsuit claiming that at 7:30 a.m. on March 9, 2016, when Chen Nv drove a car through an intersection in Taoyuan City, she should pay attention to turning cars and let straight cars go first, but she rushed ahead. He turned left, so that the right front of the car collided with the front of the locomotive he was riding, and the other car fell to the ground. He suffered from right knee dislocation combined with right tibial medial condyle displacement avulsion fracture, right knee posterior cruciate ligament avulsion fracture and The medial meniscus of the right knee was damaged, and there were injuries such as poor healing and infection after the tibial plateau fracture of the right knee.

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Cai Nan pointed out that Ms. Chen had many major faults in driving, including turning left without turning on the direction signal, turning left without giving way to straight-going vehicles, not paying attention to the situation in front of the vehicle, occupying the oncoming lane and turning left first, etc. After he was discharged from the hospital, he had to rely on crutches He was unable to walk, suffered physical and mental injuries, and sought compensation for medical expenses, medical supplies, nursing expenses, reduction of loss of labor capacity, car repair expenses and spiritual comfort funds totaling more than 3.22 million yuan.

Ms. Chen claimed that the speed limit on this road section was 30 kilometers, and Cai Nan was driving at a speed of 40 kilometers per hour, which was obviously exceeding the speed limit. According to the accident appraisal, Cai Nan did not pay attention to the situation in front of the car, which was also one of the causes of the accident and was also responsible for negligence.

In addition, Ms. Chen thinks that the nursing fees requested by Mr. Cai are too high, because after Mr. Cai was discharged from the hospital for 8 days, he was able to walk with the aid of double-barreled crutches. The round-the-clock nursing care can only be counted as 8 days. It should be calculated as half-day nursing care, and the mother who takes care of Cai Nan is a non-professional nursing care, so it should not be calculated as professional nursing care.

Ms. Chen also alleged that Cai Nan claimed that she should be compensated due to the loss of working ability, but his average monthly salary after reinstatement was higher than that before the accident, so she cannot claim compensation for the reason of reduced working ability.

The high court pointed out that, according to the criminal judgment data, in this car accident, Ms. Chen has been sentenced to a 2-month sentence for the crime of negligent injury.

The High Court held that, based on the diagnosis certificate, Cai Nan had to be taken care of by a special person when he was hospitalized. In addition, it took about 3 to 6 months for his fracture to heal. As for the healing of the fracture, special personnel should take care of it for half a day every day for 6 months, and 2,000 yuan a day for full-time care, and 1,000 yuan for half-day care is reasonable.

In addition, Cai Nan's mother took care of Cai Nan's daily life based on family affection. The relative care expenses should be deemed to be that Cai Nan suffered damages equivalent to the nursing expenses and had the right to demand compensation from Chen Nv, which is in line with the principle of fairness.

As for Ms. Chen's claim that there is no need to compensate Cai Nan for the labor loss, the High Court held that, based on the appraisal, the labor force loss suffered by Cai Nan was 16%. The so-called labor force loss in Article 193, Item 1 of the Civil Law should take into account the victim's occupation, intelligence, Various factors such as age, body, and health cannot be based on one-time, one-place work income, and it is deemed unreasonable for Ms. Chen to claim.

In addition, Ms. Chen must pay 800,000 yuan in compensation for spiritual comfort.

The High Court comprehensively determined that, after review, Cai Nan was at fault for speeding and not paying attention to the situation in front of the car, and should bear 20% of the negligent responsibility, but Chen Chen's fault was more serious, as much as 80%. The special compensation was more than 90,000 yuan, and it was judged that Ms. Chen must pay a total of 2,035,063 yuan in compensation.