Home News A passenger who fell while standing to get off… “The bus is responsible if there is no intention of the passenger”

A passenger who fell while standing to get off… “The bus is responsible if there is no intention of the passenger”

by news dir
(Photo = Image Today)

[이데일리 한광범 기자] Can the bus driver be held responsible if a passenger who stood up to get off the bus fell and was injured before the bus stopped? In this case, the Supreme Court ruled that the bus driver could be held responsible for the injuries if there was no clear intention of the passenger.

According to the legal community on the 22nd, the second division of the Supreme Court (Chief Justice Lee Dong-won) overturned the original judgment, which lost the plaintiff in a lawsuit filed by the National Health Insurance Corporation against the National Bus Transportation Association, and returned the case to the Busan District Court.

Person A, who was riding a city bus in Busan in July 2017, got up from a chair while the bus was stopped and fell backward due to a recoil while carrying a bag and was injured for two weeks. The National Health Insurance Corporation, which paid the rest of the medical expenses incurred in this accident, excluding Mr. A’s co-payment, to the nursing institution, filed a claim for compensation against the bus transportation association and the bus company.

The Health Insurance Corporation argued that “the negligence of bus drivers should be acknowledged for failing to fulfill their duty of care to prevent accidents in advance by driving safely in consideration of the safety of passengers.” However, the Bus Transportation Association countered, “As the bus driver’s negligence is not recognized, there is no reason for the Health Insurance Corporation’s claim for compensation.”

The first trial said, “Mr. A got up from his seat even before the bus stopped and tried to carry the backpack on his shoulder in a standing position in a scene where he could easily fall without holding the handle, and it is difficult to see that there was also a need for Mr. A to get up before stopping and prepare to get off. “The bus driver was not at fault,” he said in favor of the Bus Transportation Association.

“It is difficult to see that there are special circumstances that require getting up and preparing to get off before stopping because there are not many bus passengers,” the plaintiff said. Defeated.

However, the Supreme Court held that the lower court’s decision was wrong. The Supreme Court ruled that “the Automobile Damage Compensation Guarantee Act considers that if a passenger is injured in a motor vehicle accident, he/she is responsible for compensating for damage caused by the passenger’s injury, regardless of whether the driver was at fault, unless it is proved that the passenger’s injury was intentional.” did.

He also pointed out, “It cannot be considered that the bus transportation association is exempted from liability for damage caused by injuries because it is insufficient to prove that this accident was caused by Mr. A.”

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