Bereaved Family "Suspects Sudden Acceleration Accident"
Files Civil Lawsuit Against Vehicle Manufacturer
Last month in Gangneung, Gangwon Province, a passenger car sped with a loud roar and crashed into an underground passage. The driver, a woman in her 60s, was seriously injured, and her teenage grandson who was riding with her died. The accident vehicle's black box captured the grandmother urgently shouting about a vehicle problem.
The driver and her family suspect sudden unintended acceleration and have filed a civil lawsuit to hold the car manufacturer accountable. The family and their legal representatives announced that they submitted the complaint to the Gangneung branch of Chuncheon District Court on the 10th to seek the manufacturer's responsibility.
The accident occurred on December 6 last year on a road in Naegok-dong, Gangneung, where an SUV suddenly emitted a loud "woeng" sound and sprayed white liquid while accelerating and collided with the vehicle ahead. After the first collision, it failed to reduce speed and drove about 600 meters further. While trying to avoid the cars in front, it crossed a four-lane road and finally stopped after crashing into an underground passage.
As a result of the accident, the 68-year-old grandmother driving was seriously injured, and her 12-year-old grandson riding beside her died.
The bereaved family and their lawyers claim that this Level 2 autonomous vehicle has defects including a flaw in the main computer electronic control unit (ECU) software, a design defect for not adopting an acceleration suppression system (ASS), a malfunctioning automatic emergency braking system (AEB), and a design defect in the roof lacking collision resistance.
The grandmother driver has been booked for violating the Special Act on Traffic Accident Liability. The family said, "We lost our son, and we cannot let the mother be treated as a criminal. There is footage clearly showing the brake lights on while the vehicle was speeding, so we hope a thorough investigation into why this accident had to happen will be conducted."
They added, "Most sudden unintended acceleration accidents in Korea tend to be blamed on driver error. To prevent further accidents, the burden of proof for accidents must be reexamined, and legislation should be pursued to introduce acceleration suppression devices and ensure automatic emergency braking activates during sudden acceleration."
Experts analyzing the loud engine noise, abnormally emitted exhaust gases, and travel distance conclude that sudden unintended acceleration is highly likely. Considering the duration and continuity of the event, the possibility of driver error is considered very low.
The lawyers emphasized that the driver performed at least two collision avoidance maneuvers during the sudden acceleration, proving that it was not driver error such as pedal misapplication but controlled driving. They also explained that since the 12-year-old grandson died in this accident, it qualifies as a major civic disaster under the Serious Accident Punishment Act, and punitive damages were also sought.
The police have launched a full-scale investigation, requesting a detailed examination of the vehicle including the accident data recorder from the National Forensic Service. The car manufacturer stated they will cooperate with the investigation while awaiting the police results. The detailed forensic results from the National Forensic Service are expected to be released around mid-month.
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