"Difficult to Determine Sudden Acceleration in Siheung Station Reverse Running"
No Cases of Recognized Sudden Acceleration in South Korea
Regarding the traffic accident near Seoul City Hall Station that resulted in 15 casualties, traffic accident expert Lawyer Han Moon-cheol pointed out that "it is not easy to determine whether sudden unintended acceleration occurred."
On the 2nd, Lawyer Han said during a live broadcast on his YouTube channel 'Han Moon-cheol TV,' "Some experts say there is a high possibility of sudden unintended acceleration, while others have opposing opinions that it is not possible."
Lawyer Han emphasized that it is impossible to determine sudden unintended acceleration from closed-circuit television (CCTV) or black boxes of surrounding vehicles. He explained, "The police must have obtained black boxes or CCTV footage taken from behind and in front of the offending vehicle, but it is difficult to confirm sudden unintended acceleration from those. CCTV only shows whether the brake lights were on, but brake lights are not very meaningful."
He said that the audio part of the black box is important to judge whether sudden unintended acceleration occurred. Lawyer Han gave the reason, "It can help determine the driver's panic when the brakes did not work."
On the night of the 1st, near Seoul City Hall, a passenger car drove the wrong way through an intersection and struck pedestrians, resulting in 9 deaths. A temporary wall was installed along the roadside at the accident site, and someone placed chrysanthemums there. On the morning of the 2nd, commuters are passing by the area. Photo by Heo Younghan younghan@
He added, "There has never been a single case in our country where sudden unintended acceleration was recognized in a civil lawsuit," explaining, "The driver must prove that they pressed the brake normally but the vehicle did not stop, which is realistically difficult."
Regarding the offender driver's sentence, he predicted, "If the driver is found guilty, it is highly likely to be the maximum sentence for a simple traffic accident, which is 5 years. Even if all victims reach a settlement, it will be difficult to be acquitted due to the severity of the accident." He also anticipated difficulties in criminal settlements, as criminal settlement money may be limited to 30 million won depending on whether the driver has insurance or the timing of the insurance subscription.
Regarding victim compensation, he said, "Even if sudden unintended acceleration is recognized, the offender vehicle's insurance company bears 100% of the cost," and "even if acquitted, the insurance company must pay 100% of the damages." Lawyer Han explained, "Next, they will consider whether to file a subrogation lawsuit against the automobile manufacturer. The insurance company has to pay a huge amount in damages, but there is no guarantee that the insurance company will win the lawsuit against the manufacturer."
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