Loopholes in China’s Wrongful Death Laws Reveal Dangers of Caps on Damages
BOISE and NAMPA, Idaho. A recent Slate article reads like a horror story or murder mystery. In the article, Chinese drivers hit pedestrians, and then, rather than getting out of the car to help, they put their vehicles in reverse and hit the same person again, sometimes driving forward a third time, just to make sure the person is, in fact, dead. This may seem like a freak crime, something that only happens in horror movies, but in fact, it is actually common in China, where loopholes in the country’s wrongful death laws create incentives for drivers to kill pedestrians they hit rather than personally injure them. In China, drivers who kill pedestrians, pay a one-time wrongful death recovery to the victim’s family. However, drivers who injure pedestrians are responsible for paying for lifetime care of the victim. With victims who have been seriously injured, this can cost millions.
