Ulsan Law Firm | Client Who Caused a Fatal Driving Accident Acquitted With the Help of an Ulsan Law Firm

The client was a man in his fifties.

On a bright weekend, he was driving with his family on an outing.

Behind the wheel, the client entered an underpass following the navigation system's guidance.

Driving along in one lane, the client soon reached the exit of the underpass.

At that moment, a motorcycle crossing the road came into the client's view.

The client braked sharply, but the collision with the motorcycle could not be avoided.

As the front bumper of the client's vehicle struck the left side of the motorcycle, the motorcycle rider fell onto the road. The rider was seriously injured and taken to a hospital, where he ultimately died while receiving treatment.

The prosecution then filed charges, asserting that the client had failed to observe the occupational duty of care to prevent the accident in advance by keeping to the speed limit, watching ahead and to the left and right, and driving safely.

Act on Special Cases concerning the Settlement of Traffic Accidents, Article 3 (Special Cases concerning Punishment)

(1) If the driver of a vehicle commits an offense under Article 268 of the 「Criminal Act」 as a result of a traffic accident, the driver shall be punished by imprisonment without labor for not more than 5 years or by a fine not exceeding 20 million won.

Criminal Act, Article 268 (Death or Injury by Occupational or Gross Negligence)

A person who causes the death or injury of another by occupational negligence or gross negligence shall be punished by imprisonment without labor for not more than 5 years or by a fine not exceeding 20 million won.

The prosecution argued that the client had been speeding at 76 to 84 km/h on a road with a speed limit of 60 km/h, and that this had caused the fatal accident.

The Ulsan law firm immediately rebutted this.

At the time of the accident, the client was just emerging from the exit of the underpass, and a guardrail had been installed on the right side of the exit.

Meanwhile, the motorcycle rider was traveling across the lanes from the right side of the exit.

The client could not perceive the motorcycle entering from the right at all until reaching the end of the guardrail.

From the point at which the client could perceive the victim's motorcycle, the distance remaining to the location where the collision occurred was a mere 10 meters.

According to the appraisal results of the Korea Road Traffic Authority, at this accident site the stopping distance when driving at 50 km/h was approximately 22 meters, and the stopping distance when driving at 60 km/h was approximately 34.98 meters.

In other words, even if the client had driven at 50 to 60 km/h in keeping with the speed limit, it cannot be concluded that this accident would not have occurred.

Submitting this material, the Ulsan law firm emphasized that no causal relationship was established between the client's speeding and this fatal accident.

At the time of the accident, the motorcycle rider who died was crossing the road and entering the accident site through a ‘safety zone.’

Under the Road Traffic Act, a safety zone is an area in which the entry of vehicles is prohibited.

For the client, it was inevitably difficult to anticipate that the other vehicle would pass through the safety zone and appear ahead of him.

The Ulsan law firm emphasized that the victim's motorcycle had violated traffic regulations and caused the accident by crossing perpendicularly through the safety zone installed at the end of the underpass exit, and that the client should not be held liable for negligence.

If you are suddenly and unintentionally identified as the at-fault party in a traffic accident, it is only natural to feel very flustered.

In particular, if, like the client in the case above, you were in a situation where you could not perceive the other vehicle at all, the sense of injustice may be even greater.

In the case of a fatal accident, the matter is not a minor one, so there is a high possibility that a severe punishment may be imposed.

For this reason, in order to contest the charge and seek an acquittal, you must clearly prove, based on objective material, that there was no negligence.

This is why it is important to receive the assistance of a legal team from the early stages of the investigation.

At the Ulsan law firm, a legal team with extensive experience in traffic accident trials provides tailored assistance to clients.

If you have any questions concerning a traffic accident, please feel free to visit the Ulsan law firm at any time.