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an 84-year-old vegetable vendor was injured in a traffic accident and demanded compensation for lost wages.

case review

in the early morning of january 18, 2023, chen was driving a small ordinary passenger car and collided with a pedestrian huang's large human-powered flatbed cart, causing a road traffic accident in which the 84-year-old huang was injured and the vehicle was damaged. after being injured, huang was immediately sent to the hospital for 49 days of hospitalization.

the traffic police department determined that chen was fully responsible for the accident, and huang was not responsible for the accident. huang was found to have a grade 9 disability. it was also found that the small ordinary passenger car driven by chen was insured with compulsory traffic insurance and 3 million yuan of third-party liability commercial insurance at insurance company a.

huang took the case to court as he failed to reach an agreement with chen and insurance company a on compensation.

court hearing

after trial, the court held that the citizens' right to physical health is protected by law, and those who infringe upon others and cause personal injury shall bear civil liability for compensation. when the traffic accident in this case happened, 84-year-old huang was on his way to sell vegetables. although huang is over 80 years old, he still earns income and maintains his life through labor, and has the right to claim compensation for the loss of work time caused by the damage. in view of the actual situation of this case, the court should support huang's loss of work time and determine the standard of loss of work time at 25 yuan/day. combined with the actual situation of the injury, doctor's advice, age, diagnosis opinion, etc., huang's loss of work time was determined to be 150 days, and the loss of work time was 3,750 yuan (25 yuan/day × 150 days), which should be borne by chen and insurance company a.

the loss of wages is determined based on the victim’s lost working time and income status. if the victim has the ability to work, has a need to work, and has evidence to prove that he or she has earned income through labor, then the corresponding loss of wages can be supported even if the victim has reached the statutory retirement age.