Motorcyclist in his 40s found not guilty after hitting and seriously injuring a jaywalking pedestrian

A motorcyclist who was sent to trial for colliding with a pedestrian jaywalking on a road near an intersection was found not guilty.

According to the legal community on the 11th, Uijeongbu District Court Goyang Branch Criminal Division 6 Judge Choi Dong-hwan recently sentenced Mr. A, in his 40s, not guilty on charges of violating the Traffic Accidents Special Act (causing personal injury).

Previously, Mr. A was brought to trial on charges of hitting Mr. B, a pedestrian crossing the road, while driving a motorcycle on a one-way, two-lane road in Paju City in 2024. At that time, Mr. B, a pedestrian who was hit by Mr. A's motorcycle, was taken to the hospital with serious injuries.

The prosecution filed an indictment on the grounds that ‘Mr. A caused the accident by neglecting his duty to look ahead.’

During the trial, Mr. A denied the charges, saying, “At the time of the accident, it was around sunset with rain, and it was impossible to recognize Mr. B, who was jaywalking, due to poor visibility due to the headlights of the opposing vehicle.”

The court accepted Mr. A’s argument. The court said, “Considering the fact that there was no crosswalk near the accident site, that many vehicles were passing at high speeds, and that it was around sunset when it was raining and the vehicles were driving with their headlights on, it seems difficult for the defendant to have easily predicted that there would be someone jaywalking.”

The ruling continued, “Considering that the defendant was driving normally along two lanes, the fact that the victim was wearing a black umbrella, and the fact that the view may have been partially obstructed by the headlights, it appears that even if the defendant had fulfilled his duty to look ahead, it would have been difficult to foresee the unexpected entry of a pedestrian or avoid a collision.”

Attorney Choi Seong-ho of Daeryun Law Firm, who represented Mr. A, said, “This ruling makes it clear that the driver cannot be held criminally liable based solely on the outcome of a traffic accident,” adding, “This is a case that reaffirms the fact that, especially in the case of accidents involving jaywalking, concrete proof of foreseeability and avoidance must come first.”

Reporter Shin Jin-wook jwshin@kyeonggi.com

Reporter Bin Yi-kyung beekyy@kyeonggi.com

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Motorcyclist in his 40s found not guilty of hitting and seriously injuring a jaywalking pedestrian (Shortcut)