
The court found that the road maintenance was negligent, but the juvenile was 30% responsible for speeding and can still appeal.
AI-generated summary
In the early morning of September 29, 2021, a 16-year-old boy surnamed Huang was riding a motorcycle at the intersection of Yongchun Road and Yifeng Road Section 4 in Nantun District, Taichung City, when he lost control and fell to his death due to uneven road surfaces and potholes. His parents petitioned the Taichung City Government for compensation. After an appraisal by Feng Chia University, the court determined that the road maintenance was negligent. However, the teenager was speeding and was under the age to pass the examination. He must bear 30% of the responsibility.
The Taichung District Court ordered the city government to pay more than NT$3.54 million to the parents of a boy who fell to death while riding a bike. (File photo)
A 16-year-old boy surnamed Huang was riding a motorcycle on a bumpy road in Taichung City. The motorcycle suddenly vibrated up and down and swayed from side to side. He lost control and fell heavily and died. His parents asked the Taichung City Government for compensation of more than NT$1,032,000. After a trial, the Taichung District Court found that road maintenance was negligent, but the teenager was 30% responsible for speeding. Based on this, the city government's Labor Department was awarded a state compensation of more than NT$3,540,000.
The accident occurred at nearly 5 o'clock in the morning on September 29, 2021. Huang Shao was riding a motorcycle from east to west along Yongchun Road in Nantun District. When passing through the intersection of Section 4 of Yifeng Road and Yongchun Road, he crashed due to the unevenness, unevenness and potholes in the road. Huang Shao suffered multiple organ injuries and blunt trauma to his head, chest and abdomen. He was sent to the hospital and pronounced dead at 5:25 a.m. that day.
Huang's parents claimed that the road section where the accident occurred had long-term problems such as road depressions and potholes. As a road management agency, the city's Maintenance Engineering Office failed to repair the problems in a timely manner, failed to put up warning signs, and failed to fulfill its road maintenance responsibilities. The Department of Maintenance stated that it entrusted manufacturers with regular inspections and maintenance, and no reports of potholes were received before or after the accident. It was believed that the boy was driving at a speed of 88 per hour. Four to five kilometers, far exceeding the 50 kilometers speed limit on this section of the road. The boy is not old enough to pass the test, but his parents let him buy a car and ride on the road. They should also be responsible for supervision.
Feng Chia University traffic accident identification:
Accidents are highly related to road surface irregularities
The Taichung District Court asked the Vehicle Accident Identification and Research Center of Fengjia University to conduct an appraisal and concluded that the accident was highly related to the uneven road surface. The judge also found that the maintenance department had never patched or filled up the road section from the accident to March 8, 2023. It was determined that the road management and maintenance was indeed deficient, but the teenager was also responsible for 30% of the fault. After taking into account the losses suffered by the parents and deducting the relevant fault ratio, the maintenance department was ordered to compensate NT$3,546,795. There is also the possibility of appeal.
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