In Case of a Bus Accident
There are all kinds of situations where you might get hurt or your possessions damaged while using the bus, including collisions, sudden stops and starts, or slippery floors from heavy rain or snow. How can you respond if this happens to you?
What Measures Are Taken?
- If an accident occurs on a bus, the driver or other attendant (hereinafter referred to as “driver etc.”) shall stop the bus immediately and take the necessary measures, such as providing relief for the wounded (Article 54 (1) of the Road Traffic Act).
※ Any person who did not take the aforementioned measures may be sentenced to imprisonment of not longer than five years or a fine of no more than KRW 15 million (Article 148 of the Road Traffic Act).
- If a police officer is on the premises, the driver etc. shall report the following to the officer. If not, the driver etc. shall report the following to the nearest police station (including precinct stations, patrol stations, and branch stations), unless it is clear that only the bus has been damaged and measures have already been taken to prevent danger on the road and to ensure the continuation of traffic (Article 54 (2) of the Road Traffic Act).
· The place where the accident occurred
· The number of dead or wounded, and the severity of any wounds
· Damaged property and the severity of the damage
· Other measures taken
※ Anyone who did not make the report on the status of measures, etc., on the occurrence of an accident is subject to a fine of no more than KRW 300,000 or confinement (Article 154 (4) of the Road Traffic Act).
- When a traffic accident occurs, no one may hinder the driver etc. from taking necessary measures or from reporting (Article 55 of the Road Traffic Act).
※ Anyone who violates the above and hinders any measure or report in response to a traffic accident is subject to imprisonment of not longer than six months, a fine of not more than KRW 2 million, or confinement (Article 153, Subparagraph 5 of the Road Traffic Act).
- A police officer at a police station who has received an accident report may, if deemed necessary to provide relief to the wounded and for the prevention of other traffic dangers, direct the reporting driver etc. to stay on the premise until a police officer (not including a municipal police officer) arrives on the scene (Article 54 (3) of the Road Traffic Act).
- A police officer may give the driver etc. of the bus, responsible for the accident, directions on the scene necessary for relief to the wounded and traffic safety (Article 54 (4) of the Road Traffic Act).
How Do I Receive Compensation?
- The person responsible for a bus accident is liable for personal or property damages under Article 3 of the Motor Vehicle Compensation Guarantee Act and Articles 750 and 756 of the Civil Act.
- In most cases, personal and property injury incurred by bus passengers in accidents are compensated by compensation process at the bus’s mutual cooperative. A passenger who is compensated through this process cannot make a claim for damages under the Motor Vehicle Compensation Guarantee Act or Civil Act.
- In addition, if you have an insurance policy for damage incurred while using public transportation, such as a public transportation injury insurance, you can notify your insurance company and receive consultation on whether to report the accident to the police and receive swift compensation.