Question from a reader:
I have a question about Masuda Taxi, which is near Kuki City. The other day, around 10:15 AM on July 11, I saw a taxi that did not stop while pedestrians were crossing at a crosswalk, instead proceeding while slowing down. If someone were to get injured, how would the taxi company take responsibility?

Masuda Taxi and
Responsibility: Considerations on Accidents at Crosswalks

Recently, there have been reports of Masuda Taxi in Kuki City passing through a crosswalk without avoiding pedestrians. In such situations, if someone were to get injured, how would the taxi company take responsibility? I would like to explore this from a legal perspective.

Duty of Care for Taxi Drivers

First, taxi drivers have a special duty of care towards other road users. According to Article 38 of the Road Traffic Act, vehicles must stop when there are pedestrians at a crosswalk. This is a fundamental rule to protect pedestrian safety. If a driver ignores this rule and proceeds while slowing down, it is clearly a violation of the law. A friend of mine once experienced a situation where the taxi driver slammed on the brakes at a crosswalk. The driver said, “It’s dangerous, so I’ll stop,” but in reality, he was waiting for pedestrians to pass. As such, if drivers act appropriately, accidents can be prevented.

Driver Negligence and Taxi Company Responsibility

If an accident does occur, the driver’s negligence will be questioned. Negligence refers to failing to fulfill the duty of care and causing damage to others. In the case of a crosswalk, if the driver notices a pedestrian but proceeds without stopping, that action is clearly negligent. What is concerning here is how the driver’s negligence affects the taxi company. In fact, under Japanese law, taxi companies may bear certain responsibilities for the actions of their drivers. This is known as “employer liability,” which means that if an employee commits a tort while performing their duties, the employer may also be liable for damages. As a real-life example, there was a case where a taxi company faced an accident due to the driver’s negligence, resulting in injuries to a pedestrian. In this case, both the driver and the taxi company could be held liable for damages.

Types of Damages

Now, if an accident occurs, what types of damages can be claimed? Damages can generally be categorized into the following types.

1. Property Damage

Property damage refers to items that were damaged in the accident or costs related to medical treatment. For example, if a pedestrian is injured, medical expenses and rehabilitation costs fall under this category.

2. Mental Distress

Mental distress refers to compensation for the psychological pain suffered due to the accident. For instance, if someone develops fear or anxiety as a result of the accident, compensation for that distress may be sought.

3. Other Damages

If the accident disrupts one’s life, such as loss of wages due to taking time off work, these too are subject to compensation. These damages are evaluated based on the actual harm incurred as a result of the accident.

Response After an Accident and Clarification of Responsibility

In the event of an accident, how should the driver and taxi company respond? First, it is crucial to quickly call an ambulance and ensure the safety of the victim. After that, it is important to document the details of the accident and gather witness testimonies. Additionally, the taxi company needs to accurately understand the circumstances of the accident and clarify the responsibility after discussing it with the driver. If the driver acted against regulations, the company is also expected to take measures accordingly. I have heard of a case involving an accident where the company quickly released information and provided strict guidance to the driver, resulting in no negative impact on subsequent operations. This shows how the company’s response can affect its reputation.

In Conclusion

Taxi companies like Masuda Taxi may bear responsibility for their drivers’ actions. If a driver neglects their duty of care at a crosswalk, both the driver and the company can be subject to claims for damages. As road users, it is important for us to pay attention to our surroundings and practice safe driving. Furthermore, deepening our understanding of laws and responsibilities in preparation for unforeseen circumstances is a crucial first step toward building a better traffic society. Accidents can happen to anyone, but we must remember that how we respond afterward can make a significant difference.