"Driver in Sicheong Station Accident Cannot Escape Liability Even If Sudden Acceleration Is Acknowledged"

Traffic Accident Specialist Lawyer Points Out
On the 1st, a Wrong-Way Vehicle Crashed onto the Sidewalk Near Seoul City Hall Station
Opinions Divided on Sudden Acceleration in City Hall Station Accident

Amid a major traffic accident near City Hall Station in Jung-gu, Seoul, which resulted in 9 deaths, opinions have emerged that it would be difficult for the driver to evade responsibility regardless of whether the vehicle experienced sudden unintended acceleration.

"If it's sudden unintended acceleration, the driver isn't responsible? This case should be viewed differently"

On the night of the 1st, police are controlling the scene at the intersection near Seoul City Hall Station where a major traffic accident occurred. [Image source=Yonhap News]

Jeong Gyeong-il, a traffic accident specialist lawyer, appeared on YTN's 'News UP' on the 3rd and said, "One might think that if it is sudden unintended acceleration, the driver is not responsible, and if not, the driver is responsible, but this case should be viewed differently."

Lawyer Jeong stated, "If the driver is at fault, naturally, the driver will be subject to imprisonment of up to 5 years or a fine of up to 20 million won under the Special Act on Traffic Accident Handling. Also, since many casualties occurred, there is a high possibility that the maximum sentence within the statutory range will be imposed." He added, "However, when considering whether the driver can evade responsibility because this accident was due to sudden unintended acceleration, the answer is no."

He pointed out, "In some cases, when it is sudden unintended acceleration, the driver can evade responsibility if it is a single-vehicle accident. Also, the driver was driving in the wrong direction. There was a breach of the driver's duty of care regarding the wrong-way driving, and efforts should have been made to avoid the accident, but instead, the accident was worsened."

Lawyer Jeong said, "Whether it was sudden unintended acceleration or not is not about determining guilt or innocence, but it will likely be considered as a mitigating or aggravating factor when deciding the driver's punishment."

Regarding media reports that "the driver appeared to have pressed the accelerator pedal more than 90% from the moment of exiting the hotel parking lot," Lawyer Jeong responded, "That is not a normal situation. Pressing the accelerator 90% from the start in an urban area means rapid acceleration. Of course, it needs to be confirmed whether this was due to the driver's intention or a vehicle defect."

He added, "Usually, when a traffic accident specialist lawyer assesses the fault ratio or accident circumstances, they judge not only by the black box footage but also by the audio. In fact, it would be more accurate if there were a black box that could show whether the accelerator or brake was pressed at that moment, but since that does not exist, the reality is that they are inferring from the audio."

68-year-old driver causes wrong-way accident killing 9

At the accident site near Exit 7 of City Hall Station in Jung-gu, Seoul, where a major traffic accident occurred last night on the 2nd, chrysanthemums and memorial messages have been placed. [Image source=Yonhap News]

Earlier, on the night of the 1st, a passenger car drove in the wrong direction at an intersection near Exit 7 of City Hall Station in Jung-gu, Seoul, crashed onto the sidewalk, and struck pedestrians, resulting in 9 deaths and 4 injuries in a major traffic accident. Of the 9 deceased, 6 died at the scene, and 3 were transported to the hospital in cardiac arrest but were pronounced dead. Among the 4 injured, 1 is seriously injured and 3 have minor injuries. All injured were transported to nearby hospitals.

The police apprehended the driver of the Genesis vehicle, Mr. A (68), at the scene. A woman in her 60s, who was riding in the vehicle and is the driver's spouse, was also transported to the hospital. Mr. A claims sudden unintended acceleration and is not suspected of drunk driving. Whether drugs were involved or if drowsy driving occurred has not yet been confirmed. However, eyewitnesses pointed out that the vehicle stopped immediately after the accident, arguing that it was unlikely to be sudden unintended acceleration.

The exact cause of the accident has not yet been determined, but since Mr. A was not intoxicated, it is presumed that the cause was either sudden unintended acceleration as claimed by Mr. A or driver fault such as inexperience or negligence.