Re: a moral question
found the news...
Jan 30, 2005
Hitting a jaywalker - motorists have to bear blame too
Lawyers say drivers have to be extra alert and look out for pedestrians even if they have right of way
By Chua Kong Ho
JUST because they have the right of way, motorists cannot assume they will be absolved of all blame in accidents involving pedestrians.
A lawyer told The Sunday Times that it doesn't mean a motorist also 'has the right to disregard the possibility that pedestrians might jaywalk'.
A debate over responsibility and liability has erupted after a Singaporean motorist was recently ordered to pay US$1.3 million (S$2.1 million) in compensation over 10 years to the widow of a man she hit in an accident in 1994.
Madam To Keng Lam, who knocked down and killed American businessman Henry Lassiter, was driving in the right-most lane of Scotts Road going towards Newton Circus. Mr Lassiter was jogging across the Stevens Road junction from left to right towards Goodwood Park Hotel when Madam To hit him.
The traffic lights were green. The roads were wet and slippery from overnight rain.
Because of these and other factors, Madam To agreed to bear 45 per cent of the blame after negotiations between the two parties. Her insurance company Aviva Insurance will pay her damages.
This is considerably less than the 75 per cent blame usually pinned on motorists who hit pedestrians while driving on the lane farthest from the side the pedestrian crossed from.
Madam To's case has sparked many exchanges on the Internet and in the newspapers.
Straits Times reader Nicholas Lo said in a Forum letter published on Jan 27: 'Singapore's congested roads present enough hazards as it is. Drivers should not have to worry about people dashing in front of their cars.'
Not so, said lawyers contacted by The Sunday Times.
When it comes to who's king of the road, it's very much a case of 'drivers beware'.
Green light or not, lawyers said, motorists should slow down and be extra alert when approaching pedestrian crossings.
There is a high probability that people will cross at these points.
As a rule of thumb, motorists who knock down pedestrians while driving in the centre lane bear 50 per cent of the blame if the lights are green. This is because the motorist should have seen the jaywalker crossing into the lane and taken evasive action, said lawyer Hoh Chin Cha.
Case-specific circumstances ranging from road conditions to eyewitness accounts are taken into consideration when opposing lawyers negotiate on how much liability each party should bear, said lawyer Winston Mok.
Lawyer M. Ramakrishnan said that it is very rare that motorists can escape blame entirely in accidents involving pedestrians.
He represented carpenter Ng Weng Cheong in 1993. In the landmark case, he secured 30 per cent compensation for Mr Ng, who was knocked down by a bus after jaywalking at a pedestrian crossing.
A district court and High Court had found Mr Ng wholly to blame because he had jaywalked. But the Court of Appeal overturned the decisions.Under Rule 7 of the Road Traffic (Pedestrian Crossing) Rules 1982, the driver has to give way to a pedestrian who is about to enter or has entered the crossing, even if the driver has received a signal to proceed.
Justice Warren Khoo, who delivered the Court of Appeal judgment, said the rule was formulated as some individuals, due to circumstances including age and physical limitations, will be unable to complete the crossing within the time allowed.