1. Case Overview
Case name: Pedestrian collision caused by a vehicle entering a marathon event route
Location: Residential area
Event: A small-scale marathon organized by a local charity (approx. 300 participants)
Road conditions:
Portions of residential roads were temporarily occupied for the event
Temporary barricades and volunteers were placed in some areas
No formal traffic control or police presence on-site
2. Accident Description
The driver (a middle-aged man) was traveling along his usual route but failed to recognize the road closure signs and entered the area.
Although road closure signage was installed, one of the signs had been blown sideways by the wind, making it difficult to see.
A volunteer attempted to stop the vehicle, but the car had already passed the intersection and couldn't be stopped in time.
The vehicle collided with two marathon participants running in the middle of the road.
One participant suffered a leg fracture, while the other sustained a thigh muscle injury.
3. Legal Issues
(1) Driver’s Negligence
The driver claimed he was using his usual route and did not see the closure signage.
He was within the speed limit and was not using a phone or driving recklessly.
However: The area already had visible signs of a marathon underway, including pedestrians and volunteers.
The driver failed to slow down and remain alert to potential hazards.
→ Partial negligence was acknowledged.
(2) Event Organizer’s Responsibility
Four volunteers were present, but no professional traffic controllers were assigned at major intersections.
Barricades were only partially installed, and the “no entry” signage was poorly visible.
The court noted:
“The organizer failed to sufficiently block vehicle access to the area.”
“The volunteer's attempt to stop the car was ineffective since the vehicle had already entered.”
→ Failure to fulfill the duty of ensuring safety was recognized.
4. Court Decision and Liability Distribution
Court Findings
The event organizer was responsible for implementing appropriate safety measures while occupying public roads and failed to prevent vehicle access.
The driver should have anticipated the presence of pedestrians even with limited visibility and taken precautions like slowing down or stopping.
Liability Split
Organizer: 70%
Driver: 30%
Compensation
The organizer’s public liability insurance covered most of the victims’ medical expenses and mental damages.
The driver’s auto insurance covered the remaining share.
The driver was not criminally charged, as the negligence was not deemed willful or gross.