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.
In Case of a Subway Accident
Personal and property injury can happen while using the subway for a number of reasons: collision, derailment, fire, and more. What steps can you take if these happen?
What Measures Are Taken?
- The railroad operator and railroad facility manager (hereinafter referred to as “railroad operator etc.”) shall, in the event of a railroad accident or operation hazard (hereinafter referred to as “railroad accident etc.”), take the measures necessary to minimize injury to persons and property and to operate the train normally, including providing relief to the wounded, managing lost articles, and restoring passenger transport and railroad facilities (Article 60 (1) of the Railroad Safety Act).
· “Railroad accident” refers to an accident in which a person dies, injuries, or damages objects in relation to railroad operation or management of railroad facilities, and falls under any of the following (Article 2, Subparagraph 11 of the Railroad Safety Act and Article 1-2 of the Railway Safety Act Enforcement Regulations).
1. Railroad traffic accidents: collision, derailment, train fire, and other railroad traffic accidents
2. Railroad safety accidents: railroad fire accidents, damage to railroad facilities, and other railroad safety accidents
· "Quasi-rail accident" refers to any of the following, which could lead to a railroad accident by causing serious harm to railroad safety (Article 2, Subparagraph 12 of the Railroad Safety Act and Article 1-3 of the Railroad Safety Act Enforcement Regulations).
1. When a train runs in a section that has not been licensed to operate
2. When a signal indicating progress is displayed even though there is an obstacle in the track the train is trying to run. However, except for cases where control approval is obtained for restoration and maintenance purposes.
3. When a train or railroad vehicle passes a stop signal without approval
4. When a train or railroad vehicle slips between the station and the station
5. In case the train is running in the section where the train operation is stopped and construction or maintenance work is performed.
6. In the event of rail damage that interferes with safe operation or a twisting of the track beyond the allowable range for maintenance.
7. In case of failure such as cracks in the wheels, axles, and axle bearings of railway vehicles that interfere with safe operation.
8. In case of leakage of dangerous or hazardous items such as explosives from a railroad vehicle
9. Items that are equivalent to the quasi-accidents from 1. to 8. above and may lead to a railway accident
· “Operational obstacle” refers to any of the following, which interferes with the operation of railroad vehicles other than railroad accidents and railroad accidents (under Article 2, item 13 of the Railway Safety Act and Article 1-4 of the Railroad Safety Act Enforcement Regulations).
1. Passing through the station without prior approval from the control
2. Operation delay according to the following categories. However, delays due to other railroad accidents or operation disorders are excluded.
a. High-speed trains and electric trains: more than 20 minutes
b. General passenger train: more than 30 minutes
c. All Freight trains and other trains: more than 60 minutes
- In the event of a railroad accident, etc., the drivers and persons providing passengers with services aboard a train or at a station shall not leave the accident scene but take follow-up measures (Article 40-2(5) of the Railroad Safety Act and Article 76-8(1) of the Enforcement Rules of the Railroad Safety Act).
1. Reporting the accident and situations to the traffic controllers or railroad workers of the adjacent facility;
2. Making an announcement in the train
※ If a broadcasting system is not available, use a loudspeaker, etc.
3. Evacuating the passengers from the train, if necessary for the safety of passengers;
4. Taking measures for the train not to flip over in order to prevent secondary accidents;
5. Opening the emergency doors of the train, if necessary for the safety of passengers;
6. Taking emergency measures for the injured or helping in transferring patients to medical institutions.
- If a railroad accident etc. occurs, the railroad operator etc. shall abide by the following (Article 60 (2) of the Railroad Safety Act and Article 56 of the Enforcement Decree of the Railroad Safety Act):
· Place the highest priority on the rescue and protection of human life in accident response and restoration operations
· If any casualty occurs, swiftly take the measures necessary in accordance with emergency response procedures including first aid, emergency medical transport, and cooperation with the relevant authorities
· If railroad cars cannot be operated, take necessary measures in accordance with emergency response procedures, such as arranging for alternative transport
How Do I Receive Compensation?
- The person responsible for a subway accident is liable for personal or property injury under Articles 750 and 756 of the Civil Act.
- In most cases, personal and property injury incurred by subway passengers in accidents are compensated after compensation processing by the subway operator’s business liability insurance policy or the municipal government’s liability insurance policy. A passenger who is compensated through this process cannot make a claim for damages under the Civil Act.
※ “Liability insurance” refers to an insurance against loss whose purpose is as follows: should the policy holder incur a liability for damages to a third party because of an accident that takes place within the insurance period, the insurer compensates the policy holder for the loss that would occur from the policy holder’s performing its obligation (The Office of Legislation’s Korea Legislation Research Institute, Collection of Legal Terminology Usage Examples).
- 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.
<Can I Be Compensated for Loss Caused by Subway Delays?>
· Any regular subway passenger knows how frustrating it is when a subway train is delayed by an accident or mechanical malfunction caused by bad weather. If you incurred losses because a subway train was delayed, could you receive compensation?
· Losses due to suspension of operations or delay are usually compensated in accordance with each subway operator’s passenger transport standard contract. Please visit the website of the relevant organizations to see the detailed terms of compensation for losses.