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SINGAPORE – A taxi driver and another driver involved in a traffic accident in Clementi that killed a student and injured three others in 2018 have been found responsible for the damage to one of the injured passengers.
National University of Singapore (NUS) student Ting Jun Heng was sitting next to fellow student Kathy Ong in a taxi driven by Yap Kok Hua when the accident occurred at the junction of Commonwealth Avenue West and Clementi Road.
Yap, 57, was making a discretionary right turn when an oncoming car driven by Ng Li Ning collided with his side.
Ong, 19, died from multiple injuries while Ting suffered a traumatic brain injury. Two others, Lim Jin Jie, suffered brain bleeding and a spinal fracture, while Zon Lim, who was sitting in front, suffered a brain injury.
Ting claimed damages against Yap and Ng for negligence in driving their vehicles.
Judge Aedit Abdullah found that Yap had a higher degree of responsibility for the accident as he was making a discretionary turn.
“The priority was on the vehicles that were going straight ahead; It was up to … (Yap) to maintain adequate vigilance and exercise prudent judgment in the execution of the money order, ”said the judge.
If he was unsure of his safety, he should have waited for oncoming traffic to clear or for the green arrow traffic light to come on, the judge said. However, Yap simply followed the vehicle alongside him, which turned but avoided being hit by oncoming traffic.
The judge also found that Ng was also responsible, but to a lesser extent than Yap. Ng’s responsibility lay primarily in how well he exercised proper vigilance and the speed at which he was traveling.
It was not disputed that Ng had exceeded the speed limit, the judge noted. He accepted the evidence from Ng’s expert witness that Ng’s car was traveling at a speed of between 74 and 87 km / h, over the speed limit.
Ng also did not maintain adequate surveillance and drove with proper care at the crossing.
“Having the right of way essentially means that other users must yield or yield. But having the right of way does not exempt that particular road user from the need to exercise due care. Although Ng had the right of way, he was not absolved of the responsibility to exercise due care, ”Judge Abdullah noted.
A driver should adjust his speed if necessary to reduce the risk of a collision. “When drivers of turning vehicles are overly optimistic, the driver going in a straight line should exercise caution, slow down to allow for appropriate reactions, and sound the horn accordingly,” the judge said. However, Ng did not.
Another issue in court was whether Ting had been buckled up at the time of the incident. However, Judge Abdullah noted that Ting had testified that it was his standard practice to wear a seat belt and there was no reason to find out that he had not. Ting was also not convicted of the crime of not wearing a seat belt.
The judge determined that Yap was responsible for 65 percent of the damages, while Ng was responsible for 35 percent of the damages.
The case was then postponed for the parties to make submissions on the amount of damages and costs involved.
Yap criminal case data
On the night of April 19, 2018, the four victims boarded Yap’s taxi at Clementi Mall along Commonwealth Avenue West.
Ong sat on the left rear passenger seat while Ting and Lim Jin Jie sat on the center and right rear passenger seats respectively. Zon Lim sat in the front passenger seat. The group was heading back to Tembusu College, a residential university in NUS.
Yap drove in the far right lane from Commonwealth Avenue West to Commonwealth Avenue.
At the signposted intersection of Commonwealth Avenue West and Clementi Road, Yap stopped at the red light, planning to turn right onto Clementi Road.
When the traffic light signal turned green, but before the green right turn arrow lit, Yap drove into the right turn gap. He stopped and checked for vehicles coming from the opposite direction.
He saw a car coming towards him from the opposite direction at high speed. However, he decided to complete the turn to the right.
Ng, who was driving in a straight line at high speed, could not avoid colliding with the taxi.
In August last year, Yap was jailed for eight weeks in state courts after he pleaded guilty to causing Ong’s death and causing serious harm to the other three passengers through his negligent driving.
Ng was charged with dangerous driving. His case is pending in court.
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