Injured with Thoracic Vertebra Fracture in Taxi Traffic Accident
Missed Scheduled Chemotherapy and Died After the Accident
If a terminal cancer patient who took a private taxi was involved in a traffic accident due to the taxi driver's mistake and was unable to receive timely chemotherapy treatment, resulting in death, the court has ruled that the taxi driver must pay compensation to the deceased and their bereaved family.
According to the Korea Legal Aid Corporation on the 18th, Judge Ko Yeon-geum of Jeonju District Court decided in the appeal trial of a damages lawsuit filed by Mr. A against the National Private Taxi Transportation Business Association Federation, stating, "The Federation shall pay Mr. A 17.5 million KRW."
Mr. B, the husband of Ms. A, was diagnosed with terminal bladder cancer in October 2020 and underwent two rounds of chemotherapy surgery at a university hospital in the metropolitan area. After successfully completing the surgeries, Mr. B wanted to continue chemotherapy treatment at a university hospital in Jeonju, Jeonbuk, where his family home is located, together with his wife, Ms. A.
In December of that year, after receiving a diagnosis at the new hospital and while returning home by taxi, Mr. B was involved in an accident where the taxi driver carelessly hit a road curb. As a result of this accident, Mr. B suffered a thoracic vertebra fracture requiring 12 weeks of treatment. Due to this injury, Mr. B was unable to receive the scheduled chemotherapy treatment at the university hospital on time and eventually passed away in early February 2021, about 50 days after the accident.
Ms. A, the wife and sole heir, demanded compensation from the National Private Taxi Transportation Business Association Federation, which insured the taxi involved in the accident. The amount proposed for compensation was 4 million KRW.
According to the Korea Legal Aid Corporation on the 18th, Judge Ko Yeon-geum of the Jeonju District Court ruled in the appeal trial of the damages lawsuit filed by Mr. A against the National Federation of Private Taxi Transport Business Associations, ordering the federation to pay Mr. A 17.5 million won. [Photo by Asia Economy]
Judging the compensation amount to be unreasonably low, Ms. A sought help from the Korea Legal Aid Corporation. The Corporation filed a damages lawsuit claiming about 26 million KRW in compensation, arguing that although Mr. B's cause of death was not the injury from the traffic accident itself, the delay in chemotherapy treatment due to the accident was the cause.
In response, the defendant, the National Private Taxi Transportation Business Association Federation, argued, "Mr. B died from bladder cancer, not the traffic accident," and "We cannot accept that he suffered a thoracic vertebra fracture from what was merely a minor collision."
The first-instance court fully recognized the plaintiff Ms. A's claim, but in the appeal trial initiated by the Federation, the court ordered by compulsory mediation that 17.5 million KRW be paid to Ms. A. Neither Ms. A nor the Federation objected to this, and the ruling was finalized as is.
Na Young-hyun, a public legal officer representing Ms. A in the lawsuit, explained, "Although the traffic accident may not be the direct cause of death, if it caused a delay in cancer treatment timing, this circumstance should be actively reflected in the calculation of compensation, as suggested by this decision."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
