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SINGAPORE – The Supreme Court ruled on Friday (October 2) that a former taxi driver, who was involved in an accident that left one of the four passengers dead, must bear 65 percent of the responsibility in a lawsuit filed by one of the survivors. passengers.
The court also determined that the driver of the car that hit the taxi at the intersection of Commonwealth Avenue West and Clementi Road must bear 35% of the responsibility.
Former taxi driver Yap Kok Hua, 56, was turning right at his discretion when 23-year-old Mr. Ng Li Ning, coming from the opposite direction in his Nissan, collided with the taxi.
The traffic lights were in favor of Mr. Ng at the time, but he admitted that he was speeding.
The two were sued for negligence by 23-year-old National University of Singapore (NUS) student Ting Jun Heng, who now walks with a slight limp and has a speech impediment.
The accident took the life of his 19-year-old undergraduate partner Kathy Ong Kai Ting, who was sitting next to him at the time of the accident on April 19, 2018.
On Friday, Judge Aedit Abdullah said that the greatest degree of responsibility rested with Mr. Yap.
“The priority was on vehicles going in a straight line; it was incumbent upon (Mr. Yap) to maintain proper vigilance and exercise prudent judgment when executing the turn. If there were any doubts as to whether it was safe, (Mr. Yap) he should have waited for oncoming traffic to clear, or for it to stop and for the right turn green arrow traffic lights to come on, “the judge said.
However, Mr. Yap did not do so and simply followed another vehicle that had turned but was not hit by oncoming traffic, Judge Aedit said.
As for Mr. Ng, the judge determined that he did not maintain adequate surveillance.
“Having the right of way essentially means that other users must yield or yield the right of way. But having the right of way does not relieve that particular user of the road from the need to exercise due care,” said the judge.
Judge Aedit accepted the evidence of an expert, who analyzed the video images of the accident to conclude that the average speed of the Nissan until impact was 82 km / h.
The judge said that when Mr. Ng reached the intersection and saw a vehicle turning, the appropriate reaction would have been to slow down, sound the horn if necessary, and ensure that no other vehicle was turning, but he did not.
Judge Aedit rejected the arguments of both defendants that there was contributory negligence on the part of Mr. Ting because he had not worn a seat belt.
The judge said there was no other evidence on this issue, such as from biomechanical or other experts, that the injuries sustained could only have been caused by the plaintiff not wearing his seat belt.
The amount of damages will be determined in a separate hearing and will be borne by the defendants’ insurance companies.
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