Mon, Aug 12, 2013 - Page 11 News List

Court awards vegetative car crash victim NT$17.88 million
把大學生撞成植物人 判賠一千七百八十八萬

The mother of a former mechanic, who was paralyzed in a road accident when he was 23 years old, uses a hand pump to help her son breathe in China’s Zhejiang Province on Jan. 28.
一位當時二十三歲修車員出車禍被撞成植物人,他的母親一月二十八日於中國浙江省用手動抽氣機幫兒子呼吸。

Photo: AFP
照片:法新社

Three years ago when a private university sophomore surnamed Wu was driving his scooter, a man surnamed Chang whose license had been revoked crashed into him, leaving him in vegetative state. The Taiwan High Court said that Wu, who was only 19 years old at the time, will have to face the agony of being taken care of by others because the accident has left him paralyzed for life. Last week the court ordered Chang to pay a compensation of NT$15.48 million (US$516,525) together with a consolation payment of NT$1.2 million to Wu’s parents for psychological distress, paying NT$17,880,000 in all. The case is eligible for appeal.

Wu’s father, a taxicab driver, said outside the High Court with sadness in his voice that he only has one child, and that since the accident happened his son has shown no sign of recovery. With tears in his eyes, he asked “What will his life be like in the future?”

Particularly interesting is how the collegiate bench calculated the loss that Wu incurred from not being able to work any longer. Using the average monthly salary of NT$22,000 for recent university graduates, they determined that he is eligible to more than NT$5.8 million in compensation for lost earnings, which when added with the consolation payment, nursing fees and medical costs, amounted to Chang being ordered last week to pay a total restitution of NT$15,480,000.

Wu’s parents represented their child in court and called for Chang and his mother, who is the actual owner of the vehicle that Chang was driving at the time of the accident, to both be made responsible for paying restitution, but Chang’s mother said that although the vehicle was purchased in her name, she has never had a driver’s license or driven the car. She was also allegedly unaware that her son had taken the car or that his license had been revoked.

TODAY’S WORDS 今日單字

1. revoke v.

撤銷;撤回 (che4 xiao1; che4 hui2)

例: The senate revoked the amendment to the bill.

(參議院撤回該議案的修正案。)

2. recovery n.

恢復;復甦 (hui1 fu4; fu4 su1)

例: Stan has made a swift recovery since the accident.

(史坦事故後迅速恢復。)

3. hold accountable v. phr.

應負責任的 (ying1 fu4 ze2 ren4 de5)

例: Why should I be held accountable for their mistakes?

(我為什麼要為他們的錯負責?)


The court ruled that Chang should be held accountable for paying compensation for damages caused by the accident and that Chang’s mother should not be held responsible.

(Liberty Times, Translated by Kyle Jeffcoat)

私立大學二年級吳姓學生,三年前騎機車被駕照遭吊銷的張姓男子撞成植物人,高等法院認為,吳生案發時僅十九歲,事故後造成癱瘓,無法自理生活需人照料等重大痛苦,上週判張男應賠償新台幣一千五百四十八萬元,另賠償吳的父母各一百二十萬元精神慰撫金,總額計新台幣一千七百八十八萬元,全案仍可上訴。

擔任計程車司機的吳父,在高院出庭時難過表示,吳男是他的獨生子,案發至今,兒子病情仍無明顯起色,「叫他以後的人生怎麼辦?」說著就紅了眼眶。

特別的是,合議庭計算吳的勞動力損失,是以大學畢業的新鮮人領取新台幣二十二K薪水來計算,算出勞動力損失可求償五百八十萬多元,加上精神慰撫金、看護費、醫療費等,上週判張男應賠償一千五百四十八萬元。

吳父母代表孩子,對張姓男子、肇事車輛的所有人張母,提出應連帶賠償,張母辯稱,肇事轎車雖是以她名義購買,但她無駕照、也未開過該車,她不知道兒子張男擅自開走該轎車及其駕照遭註銷等事。

高等法院審理認定,張男應負起肇事損害賠償責任,張母並無連帶賠償責任。

(自由時報記者楊國文)

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