Electric kickboard traffic accident, damages can be claimed based on negligence ratio

Recently, as the number of users of personal mobility devices (PMs) such as electric kickboards has increased, the number of traffic accidents involving pedestrians and cars has quadrupled in two years.

According to the Road Traffic Authority, traffic accidents caused by personal mobility devices such as electric kickboards and classified as drivers quadrupled in two years from 225 in 2018 to 897 last year, and the number of casualties was 995. Accidents involving collisions with pedestrians amounted to 304, a five-fold increase compared to 2018 (61). Accordingly, the Non-life Insurance Association established a total of 38 new fault ratio standards, including applying a one-party fault ratio to PM drivers, to prevent disputes and lawsuits over fault ratios resulting from traffic accidents between PMs and cars.

Driving an electric kickboard on the sidewalk, not wearing a helmet, or driving without a license are all violations of the Road Traffic Act. If physical or property damage occurs as a result, civil liability for damages follows.

Chan-Woo Jeong, a lawyer specializing in traffic accidents (Daeryun Law Firm), said, “If you have suffered damage from a traffic accident, you should be careful not to enter into an unfavorable settlement.” He added, “If the settlement amount is not commensurate with the damage, preparing a lawsuit for compensation may also be an option.” Since the burden of proof in a civil lawsuit lies with the plaintiff, the advice is that the assistance of an attorney is necessary to prove damages.

Additionally, the statute of limitations for claims for damages for illegal acts is three years from the date the victim or legal representative became aware of the offender, and 10 years from the date the illegal act occurred. Therefore, you should also be aware that if you do not file a lawsuit within the relevant period, the validity of your claim may be lost. In particular, aftereffects from traffic accidents sometimes appear late, and there are cases where damages cannot be claimed because the statute of limitations has expired.

Attorney Jeong said, "If you have suffered significant damage, you should even consider filing a lawsuit for compensation. If it is a serious accident, you should receive sufficient compensation, but if you simply reach an agreement based on the insurance company's internal terms and conditions, there is a high probability that you will not receive proper compensation. After receiving sufficient treatment, you need time to legally review whether the level of compensation is appropriate."

He added, “If the two sides cannot agree on the amount of damages, the amount will have to be calculated through a court ruling. As a lawsuit claiming compensation for traffic accidents can be seen as a dispute over the ratio of fault, it would be helpful to resolve the issue with a legal expert.”

Daeryun Law Firm, which provided help, operates its own traffic accident specialist center comprised of traffic accident lawyers. Branch offices are distributed throughout the country, including in Seoul, Jinju, Jeju, Chuncheon, and Cheongju.


View original article - https://news.naver.com/main/read.naver?mode=LSD&mid=sec&sid1=101&oid=119&aid=0002517815