By Lee Kyung-min
A district court ruled that a pedestrian was entirely responsible for an accident when he crossed the road against a red light while distracted by his cell phone.
The Seoul Central District Court on Wednesday ruled against the National Health Insurance Service (NHIS), which demanded a driver and his insurance company cover hospital fees for the pedestrian, surnamed Choi.
The driver, Cho, was driving his van on a street in central Seoul on July 13, 2013. As he passed through a crosswalk with the traffic light green for vehicles, Choi suddenly appeared from behind cars stopped in the opposite lane due to heavy traffic. Choi was talking on his cell phone at the time and was hit by Cho’s van.
Choi suffered a fractured skull which required eight months of hospital treatment. The injured party paid 9.2 million won out of his own pocket for the treatment while the NHIS covered 43 million won.
The NHIS demanded Cho and his insurance firm pay the fees, arguing that Cho was negligent in the accident.
The court did not accept this claim, saying Cho had no responsibility to pay attention to a pedestrian coming through stopped cars during a red light for pedestrians. It added that Cho was not speeding at the time of the collision.
“The pedestrian was wholly responsible for the accident,” it said.