Haoyu Yang
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Haoyu Yang is a Chinese personal injury lawyer practicing in Putian, Fujian Province, specializing in traffic accident compensation claims and personal injury litigation. He graduated from Southwest University of Political Science and Law and was admitted to the Fujian Bar in 2014. Attorney Yang has successfully represented over 300 clients in personal injury cases, including traffic accidents, workplace injuries, and public place liability claims. He is a member of the Fujian Bar Association's Personal Injury Law Committee.
Traffic accident claims in China are governed by the Civil Code, the Road Traffic Safety Law, and the Regulations on the Implementation of the Road Traffic Safety Law. When a traffic accident occurs, the first step is the traffic police investigation and liability determination. The traffic police who respond to the accident scene are required to conduct an investigation, gather evidence including witness statements, surveillance footage, and vehicle inspection reports, and issue a Liability Determination Letter that assigns responsibility percentages among the parties involved. The determination may assign full liability, primary liability, equal liability, secondary liability, or no liability. In cases where the cause of the accident cannot be determined, the traffic police may issue a certificate of the accident circumstances without assigning liability, in which case the parties may pursue compensation through civil litigation where the court determines liability based on the evidence presented.
Compensable damages in traffic accident cases include a comprehensive range of losses. Medical expenses are recoverable based on actual receipts and treatment records. Lost income is calculated based on the victim's average monthly income over the 12 months preceding the accident, multiplied by the period of incapacity as certified by a medical institution. For victims who have sustained permanent disability, disability compensation is calculated as the local urban per capita disposable income multiplied by the disability coefficient and 20 years. Mental distress damages are available in cases involving death, permanent disability, or severe disfigurement, with awards typically ranging from 5,000 to 50,000 RMB depending on the severity of the injury and the degree of fault. Funeral expenses are recoverable in fatal cases, along with death compensation and dependent living expenses for individuals who relied on the deceased for financial support.
China's mandatory traffic accident liability insurance system, known as jiao qiang xian, provides a baseline of coverage for all vehicle owners. As of 2024, the compulsory insurance covers up to 180,000 RMB for personal injury and 20,000 RMB for property damage for fatalities and serious injuries, with lower limits for non-serious injuries. Many vehicle owners also purchase commercial third-party liability insurance, which provides additional coverage above the compulsory limits. Foreign victims of traffic accidents in China should immediately notify both the at-fault driver's insurance company and their own insurance company, if applicable, and should ensure that the insurance adjuster is provided with all relevant medical records and expense documentation. If the insurance company disputes coverage or the amount of damages, the victim may file a direct lawsuit against the insurer.
Putian, located on the central coast of Fujian, has a high volume of traffic due to its thriving economy and transportation networks. Attorney Yang represents both local residents and foreign visitors who have been injured in traffic accidents in the Putian area. Foreign nationals injured in traffic accidents in China face unique challenges, including language barriers in dealing with the traffic police and medical providers, unfamiliarity with the Chinese compensation calculation system, and difficulties in coordinating with insurance companies that may not have English-speaking staff. Attorney Yang advises foreign clients to retain copies of all medical records and expense receipts, request a certified translation of the traffic police Liability Determination Letter, and engage legal counsel experienced in personal injury claims at the earliest possible stage to ensure that evidence is preserved and that claims are filed within the applicable statute of limitations.
The statute of limitations for filing a traffic accident compensation lawsuit in China is three years from the date the victim knew or should have known of their injury and the identity of the responsible party. For personal injury claims arising from traffic accidents, the limitation period runs from the date of the accident or from the date the injury is diagnosed, whichever is later. Early consultation with a personal injury lawyer is critical, as evidence preservation becomes more difficult over time, and witnesses may become unavailable or their memories may fade. Attorney Yang offers a no-cost initial consultation for traffic accident victims and works on a contingency or hourly basis depending on the nature and complexity of the case.
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