Question from a reader:
Recently, there have been reports of accidents involving buses and pedestrians. Many opinions suggest that in such cases, the bus has the right of way and that pedestrians are obligated to yield. Is this really the case?

Bus and Pedestrian Contact Accidents: The Truth About Right of Way

Recently, reports of accidents involving buses and pedestrians have surfaced,
and many opinions online state, “Buses have the right of way, so pedestrians should yield.” Is there really a basis for this opinion? I would like to delve into this issue from both a legal perspective and a psychological viewpoint.

Basic Traffic Regulations: What is Right of Way?

First, let’s clarify what right of way means in traffic regulations. Article 38 of the Road Traffic Act states, “Vehicles must give priority to pedestrians.” In other words, pedestrians are generally given priority. Especially at crosswalks and in pedestrian-only areas, it is legally mandated that pedestrians have the right of way. The key point here is how “right of way” is applied. For example, consider a situation where a pedestrian is crossing at a crosswalk when the signal is green. In this case, the bus and other vehicles are obligated to avoid the pedestrian. Conversely, if a pedestrian ignores the crosswalk and crosses the road, the bus would have the right of way.

Considering Specific Examples of Accidents

As mentioned earlier, traffic regulations often prioritize pedestrians. However, let’s examine how right of way operates through case studies of actual accidents. For instance, I recall a day when my friend was waiting at a bus stop. When the signal turned green, he checked the pedestrian signal and began to cross. However, a bus turning left was approaching him. My friend was startled and hurriedly yielded the way. Fortunately, nothing serious happened, but had there been a contact accident, who would have been responsible? In this case, since my pedestrian friend was following the signal, it is likely that the bus would bear responsibility. However, the bus driver might claim, “The pedestrian suddenly darted out.” This illustrates the complexity of accidents and the critical importance of interpreting right of way.

Psychological Perspective: The Background of Accidents and Driver Awareness

Now, let’s incorporate a psychological perspective. Drivers must constantly be aware of their surroundings and make judgments to avoid danger. Especially when operating public transportation, the safety of passengers is the top priority. Therefore, drivers may sometimes pay excessive attention or, conversely, become overconfident. Research has shown that many traffic accidents are caused by “preconceptions.” For example, because buses are large, drivers may unconsciously think they have the right of way. Conversely, pedestrians may think, “It’s dangerous because a bus is coming,” leading them to restrain their actions. In reality, the background of contact accidents between buses and pedestrians is intertwined with such psychological factors. The moment a driver feels, “I am special because I am driving a bus,” or when a pedestrian expects, “This bus will stop,” the likelihood of an accident increases.

Legal Responsibility and Criteria for Judgment

Now, let’s consider legal responsibility. When an accident occurs, how is that responsibility determined? Essentially, the focus is on whether the actions that caused the accident constitute “negligence.” Negligence refers to actions that result in harm to others due to a failure to exercise due care. Specifically, the following elements are considered: 1. Circumstantial evidence: Factors such as the location, time, and weather conditions at the time of the accident 2. Appropriateness of actions: What actions the driver or pedestrian were taking at that moment 3. Degree of negligence: Which party was more negligent in exercising their duty of care Legal judgments are made by evaluating these elements comprehensively. For example, if a bus ran a red light, the driver would likely be found to have significant negligence. On the other hand, if a pedestrian crossed the road ignoring the crosswalk, the pedestrian would be deemed to have negligence.

Conclusion: The Importance of Right of Way and Its Interpretation

In conclusion, in contact accidents between buses and pedestrians, the law often prioritizes pedestrians. However, the actual circumstances and actions significantly influence the situation. While the concept of right of way is important, it alone cannot clarify the responsibility for accidents. Additionally, the psychological perspective is crucial; understanding the mental states of both drivers and pedestrians can contribute to accident prevention. Both law and psychology are essential elements in traffic safety. Traffic accidents can happen to anyone. It is vital to remain vigilant in daily driving and walking to build a safer society. Not only is it important to protect oneself, but consideration for the safety of others is also required in the future traffic society.