[Getting Insurance Savvy] What Percentage of Fault Is Assigned in a Motorcycle Accident Crossing on a Red Pedestrian Light?

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New 'Non-Standard Fault Ratio' Criteria by the General Insurance Association

[Asia Economy Reporter Oh Hyung-gil] An accident occurred where a motorcycle crossed a crosswalk while the pedestrian signal was red and collided with a vehicle. In this case, the motorcycle is solely at fault.

In the case of an accident between Vehicle A going straight on a green light and Vehicle B making a right turn violating the pedestrian crosswalk signal 'green,' Vehicle B is solely at fault.

According to the 23 newly released 'Atypical Fault Ratio' standards by the General Insurance Association, in both cases, the vehicle driver is not required to anticipate that the motorcycle would violate the signal and cross the pedestrian crosswalk on a red pedestrian signal.

The traffic accident fault ratio recognition standard is the only official domestic standard created by referencing court precedents, laws, and dispute mediation cases regarding the fault ratio indicating the degree of responsibility of the perpetrator and victim when a traffic accident occurs.

New 'Non-Standard Fault Ratio' Criteria by the General Insurance Association

The 'Atypical Fault Ratio Standard' is organized so that consumers, insurance companies, and the legal community can refer to frequently occurring cases not currently included in the fault ratio recognition standards. It is a preliminary notice, and if its effectiveness is proven through future operation, it will be included in the 'Fault Ratio Recognition Standard.'

It includes judgments on fault ratios related to flashing signal intersection accidents, pedestrian signals, road markings, and unprotected left turns.

In the case of a collision accident between a motorcycle suddenly entering from the right in the same lane and a preceding right-turning vehicle, the motorcycle's fault is recognized as 90%.

New 'Non-Standard Fault Ratio' Criteria by the General Insurance Association

Additionally, the association explained that while establishing the new standards, they focused on supplementing standards for accident types that are minor but difficult to determine the perpetrator and victim, thus prone to disputes.

Fault ratio judgments for accidents on unmarked side roads, parking lots, and lane change accidents are included.

If an accident occurs at an intersection of the same width without traffic signals between Vehicle A making a right turn and Vehicle B entering a left turn from the right side road in the direction of Vehicle A, the fault ratio between Vehicle A and Vehicle B is 50 to 50.

If Vehicle B, intending to go straight on a straight road, attempts to overtake a stopped Bus A at a bus stop ahead or on the right and changes lanes in front of Bus A to go straight but collides with Bus A starting to move, the bus is recognized as 40% at fault and Vehicle B 60% at fault.

New 'Non-Standard Fault Ratio' Criteria by the General Insurance Association

In an accident between an unprotected left-turning Vehicle A and a right-turning Vehicle B, Vehicle A has a basic fault of 60%, and Vehicle B 40%. This is explained by the Road Traffic Act, which stipulates that at intersections with unprotected left-turn signs, vehicles intending to turn left during the green light must turn cautiously so as not to interfere with oncoming vehicles.