Case Summary
Mr. A, who was riding an electric scooter, was traveling on the left lane instead of the right, thus riding against traffic. He collided with a car driven by Mr. B, who was traveling straight in the correct direction. As a result of the collision, Mr. A was injured and later filed a compensation claim against Mr. B.
Accident Details
The electric scooter rider was using a shared e-scooter without wearing a helmet. He was traveling in the wrong direction, and rather than riding near the edge of the road, he was positioned closer to the center of the lane.
The car driver, Mr. B, was driving properly and entered the intersection. However, he failed to notice the scooter coming from the opposite direction. Although he applied the brakes, he could not avoid the collision.
As a result, the scooter rider sustained injuries requiring three weeks of medical treatment, and filed a compensation claim against the car driver.
Negligence of the Scooter Rider (Mr. A)
By riding on the left side (against traffic), he clearly violated the legal obligation to keep to the right under traffic law.
There were no special circumstances (e.g., construction or obstruction) that justified his wrong-way travel.
Therefore, this constitutes a serious violation of traffic rules.
Entering the intersection without slowing down or yielding was a breach of the duty of care.
E-scooters are smaller and more vulnerable than cars, which means greater caution is required—a duty that was neglected.
The absence of protective equipment (like a helmet) contributed to the severity of the injury.
Negligence of the Car Driver (Mr. B)
Although he was driving lawfully, he still had a duty to slow down and check for cross traffic at an intersection without signals.
Even if the scooter came from an unexpected direction, the fact that he lacked enough braking distance indicates a failure to reduce speed.
While it would have been difficult to completely avoid the collision due to the scooter’s speed and size,
a more cautious approach or yielding might have reduced the damage or prevented the crash altogether.
Conclusion
The accident was primarily caused by the scooter rider’s severe violation of traffic rules, including wrong-way travel and failure to exercise due care at the intersection.
However, the car driver is not entirely free from fault, as he did not sufficiently slow down or check both sides while entering an uncontrolled intersection.
Thus, the apportioned liability is as follows:
Scooter rider: 80% at fault
Car driver: 20% at fault