Pedestrian gets jail for injuring motorcyclist while dashing across road to catch bus

Pedestrian gets jail for injuring motorcyclist while dashing across road to catch bus

This is the first case of its kind where a pedestrian caused an accident of this nature by running across the road.

Screengrab from Google Street View of Yishun Avenue 1, towards Mandai Avenue.

SINGAPORE: A man who wanted to catch a bus dashed across a three-lane road, continuing to run even when he saw a motorcyclist mere metres from him.

His backpack struck the motorcyclist, who fell off his vehicle and sustained three fractures.

Hu Zhangwen, a 48-year-old Chinese national, was jailed for three weeks on Friday (Sep after pleading guilty to one count of causing hurt by a rash act endangering human life.

The court heard that Hu, a woodcrafter who made wooden doors, had ended work on the evening of Feb 28, 2022 and was on his way home.

He was walking towards a bus stop that was located along Yishun Avenue 1 in the direction of Mandai Avenue, as he intended to take a bus to Khatib MRT Station.

When he saw that the bus was nearing the stop at about 8.25pm, he dashed from his location to the central divider, before running across a three-lane road.

He did not have the right of way as he was jaywalking, said the prosecution.

The victim, a 54-year-old Malaysian man, was riding his motorcycle in the second lane.

While Hu was running, he saw the victim's motorcycle about 2m to 3m away from him, but decided that he could continue crossing despite knowing the risk that the motorcycle could hit him.

The victim sounded his horn and swerved his motorcycle to avoid Hu, but hit Hu's backpack. This caused the motorcycle to skid, and the victim fell off his bike.

He was taken to hospital with fractures to his arm, shoulder and wrist.

He had to undergo two surgeries and had an arm placed in a sling. He also was hospitalised for 12 days and given 74 days of hospitalisation leave.

As a result of the accident, Hu's backpack snapped and the victim's motorcycle was scratched.

Deputy Public Prosecutor Sean Teh asked for four to eight weeks' jail. He said Hu had no previous convictions, but added that there were no other reported precedents like this case.

He cited the harm caused to the victim, who had at least three fractures, and the "significant potential harm" if other vehicles had been in the area.

He said Hu had "knowingly flouted traffic rules by running across a dual carriageway when he did not have the right of way", continuing to run even when the motorcycle was very close to him.

A FREAK ACCIDENT: DEFENCE

Defence lawyer Liaw Jin Poh asked for the maximum fine of S$5,000 (US$3,700) instead, telling the court that there was "no analogous precedent for a pedestrian running across the road and causing an accident like this".

"The accused was a worker in Singapore. He was trying to go home," said Mr Liaw. "He was rushing across the road, albeit jaywalking, then he caused an accident."

"Something else could've happened ... it could've been the motorcyclist who knocked into him, then the person standing in the dock would've been the motorcyclist instead, because it would've been the accused who was injured instead," said Mr Liaw.

He added that this "is really a freak accident".

He gave an analogy of a lawyer carrying a big backpack running up an escalator full of people and hitting someone when turning "a bit".

If someone on the escalator falls back and is injured, it would be a similar freak accident, he said.

"That's why there's no other reported cases of a person running across with a backpack and the backpack hit this motorcyclist, causing him to have an accident," said Mr Liaw.

He said his client did not "deserve to sit in jail because of this freak accident that occurred".

Mr Liaw pointed out that the maximum fine for jaywalking was S$500 and urged the judge to impose a fine of S$5,000 instead.

The prosecution did not seek a compensation order, saying "the loss is hard to quantify".

In sentencing, District Judge Teoh Ai Lin said each case turns on its own facts. However, she noted that serious harm was caused to the victim by Hu's rash acts, committed while jaywalking and flouting traffic rules.

She found that jail was warranted in this case.

For causing hurt by a rash act endangering human life, Hu could have been jailed for up to a year, fined up to S$5,000, or both.

Article Credits: CNA

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