New Guidelines on Car Accidents Cause Confusion

South Korea is notorious for car accidents. According to official statistics, 187,669 accidents took place last year, with over 300,000 people injured or killed. In 2006, 119 accidents per 10,000 vehicles were reported, taking an average 3.2 lives, the highest among 30 members of the Organization for Economic Cooperation and Development (OECD). There is no doubt that the high rates of accidents and casualties were attributed to careless or reckless driving.

The government, law enforcement agencies and civic groups have waged a campaign to reduce car accidents but have made little progress due to a traffic law clause that exempts drivers with comprehensive auto-insurance policies from criminal charges for car accidents. The Constitutional Court finally ruled Thursday that insured drivers should be criminally liable for accidents which cause ``serious injuries."

The ruling took effect immediately, repealing the clause that was enacted in 1981 to help reduce the number of convicted drivers, speed up the handling of car accidents and encourage more drivers to subscribe to auto-insurance policies. Drivers with comprehensive insurance policies could go without any criminal punishment for accidents if they did not commit 10 major violations, including drunk driving and refusal to follow traffic signals and speed limits.

The clause was frequently criticized for unduly protecting accident-causing drivers while ignoring the rights of victims. Therefore, the court made the right decision to better protect accident victims. The ``unfair" clause should have been abolished earlier to ensure a fair and just system for both sides in car accidents. Experts said the ruling would contribute to reducing accidents by cautioning drivers against careless and reckless driving.

But, the ruling will have many side effects due to its suddenness. Drivers might be indicted for inflicting grave injuries that would threaten lives and cripple victims with no chance of recovery, including the loss of eyesight or hearing. Not only drivers but also police are confused over how to handle car accidents because of the vague definition of ``serious injuries" the court cited. And, Friday, the Supreme Prosecutors' Office announced a set of guidelines in this regard that are still not clear enough to alleviate the confusion.

Lawmakers should work together with the government, law enforcement authorities, insurance companies and hospitals to revise the traffic law to map out new rules on how to deal with car accidents and set a clearer definition of ``serious injuries." They also need to heed concerns that some victims may seek to extend their period of hospitalization as bargaining chips to receive more compensation. Doctors are required to issue fair and credible medical certificates for victims.

There are also worries that brokers or swindlers might prey on low-income earners ― both drivers and victims ― who don't know how to cope with accidents. It is also necessary for authorities to take measures for cargo truck drivers, cab drivers and other professional drivers who will be hit hardest by the new system. Most of all, all drivers must make efforts to better abide by traffic regulations to ensure safe driving. Now is the time to usher in a new driving culture in a bid to shake off the nation's stigma of car accidents.