Question from a reader:
I was involved in a traffic accident. This afternoon, while trying to go straight through an intersection with a green light, a car coming from the opposite direction turned right and collided with the front right tire of my car. I was driving a van, and there were four children in car seats in the back seat.
They were all asleep, but immediately after the accident, my first-grade daughter woke up and was startled. A few hours later, she started saying her neck hurt. She was wearing a seatbelt, but it might be due to the car swaying sideways. I plan to go for a check-up first thing tomorrow morning. Right after the accident, the other party (a young man with a beginner’s mark) asked me, “Was the signal green? It was green on my side too…” which made me anxious. He also asked me to check the dashcam footage. When I reviewed the recording, it showed that the light was completely green and had not changed to yellow. I think I was going about 40 kilometers per hour, which was a bit slow, but the other party seemed to imply, “I’m not at fault,” which made me feel guilty, wondering if it was my negligence. I don’t think I exceeded the speed limit, but it is true that I didn’t pay attention to the turning vehicle at the poorly visible intersection. Just before the collision, I thought, “We’re going to crash,” and when I hit the brakes, I was worried that if the car behind me collided, it would endanger the children, so I only slowed down and slightly veered left. Since I wasn’t completely stopped at the time of the collision, I think I share some fault. If I go to the hospital just in case, will the medical expenses be out of pocket? My car has lost its front right wheel, and I’m worried about the repair costs. The repair costs for the other party’s vehicle also seem like they will be high, and I’ve called the police and the insurance company.

Legal Perspectives and Responses When Involved in a Traffic Accident

Hello! Today, I want to discuss a somewhat heavy topic based on a consultation from someone who has actually been involved in a traffic accident, providing advice from a legal perspective. I’ve also had many opportunities to think about traffic accidents recently, so let’s delve into this topic together.

Organizing the Accident Situation

First, let’s organize the situation you faced. You were going straight through an intersection with a green light when a car coming from the opposite direction turned right and collided with you. I understand your concern about the children being in the back seat. The anxiety you felt when the other party asked, “Was the signal green?” is something only those who have experienced it can fully comprehend. The request to check the dashcam footage might indicate that the other party was also questioning their own fault. It’s fortunate that you have footage proving that you had a green light. Such evidence will be very important in future negotiations and insurance claims.

Understanding Fault Ratios

Now, let’s consider the fault in the accident. You mentioned, “It is true that I didn’t pay attention to the turning vehicle at the poorly visible intersection,” which is a very important point. Legally, the fault ratio in an accident is determined by various factors. Generally, vehicles going straight on a green light do not have to yield to turning vehicles, so it is common for the other party to bear a higher percentage of fault. However, as you mentioned that you were not completely stopped and had slowed down just before the collision, there is a possibility that you may also be recognized as having some fault. In practice, the fault ratio in traffic accidents is often distributed considering both parties’ actions, such as “70:30” or “80:20.” Therefore, it is important to thoroughly check the police investigation results and the insurance company’s opinions.

Medical Expense Responsibilities

Now, regarding your child who is complaining of neck pain after the accident, it is very important to go to the hospital. As for whether the medical expenses will be out of pocket, typically in traffic accidents, the responsible party is liable, allowing the victims (you and your child) to have medical expenses covered by the responsible party’s insurance. One thing to keep in mind is that if you have your own insurance, you can use it at the medical institution where you receive treatment. If, for any reason, the other party’s insurance cannot cover it, you will need to use your own insurance. However, please note that after treatment, claims regarding medical expenses and treatment details will be made, so it is essential to keep thorough records.

Repair Procedures

Next, regarding the repair costs for your vehicle, this will also depend on the circumstances of the accident. The repair costs for your vehicle’s detached front right wheel will generally be covered by the other party’s insurance. Once the fault ratio is clarified, the repair costs will be appropriately allocated. When contacting the insurance company, it will be smoother if you have evidence such as accident photos, repair estimates, and dashcam footage ready. Additionally, when speaking with the insurance representative, it is important to explain the situation clearly and provide the necessary information.

Prioritizing Children’s Safety

Finally, the safety of your children is the top priority. After the accident, you expressed concern about what would have happened if the car behind had collided. Indeed, when transporting children, one must be particularly cautious. The fact that the children were safe after the accident is the greatest relief. Moving forward, continue to prioritize safe driving, and if you feel uneasy about other vehicles, it is best to slow down or avoid proceeding. Such mindfulness will help protect not only yourself but also your family and others.

Conclusion

In this discussion, we talked about legal perspectives and future responses through the lens of a traffic accident case. Accidents can happen to anyone, and how we respond afterward is crucial. It is important to verify signals and fault, arrange medical and repair expenses, and above all, prioritize the safety of your family. If you have any concerns or questions, don’t forget to consult with a professional. I hope everyone can live safely and with peace of mind. Take care!