Electric Scooters: What Happens If You Hit a Pedestrian on the Sidewalk? Classified as 'Gross Negligence' Punishable Even If Settled

Revised Road Traffic Act to Take Effect on the 10th of Next Month
Driving Without a License Over Age 13

30,000 Won Fine for Driving on Sidewalks
Applied Equally to Vehicles under the Special Act on Traffic Safety and the Special Act on Aggravated Punishment
Must Follow Rules on Wearing Safety Gear and Prohibition of Two-Person Riding

Electric scooter. [Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-joo] Imagine an electric scooter traveling in India colliding with a pedestrian walking ahead because it failed to notice them. Fortunately, the victim only suffered abrasions requiring about two weeks of treatment. The scooter rider was insured and agreed to compensate the victim for medical expenses and economic losses during the treatment period.

Is this accident truly resolved amicably? The answer is "No." Since the scooter rider committed one of the "12 major negligence offenses," namely sidewalk intrusion, they can face up to five years in prison or a fine of up to 20 million KRW regardless of insurance or settlement. Of course, if the victim’s injuries are minor and it is a first offense, the penalty may be light, but if there is a related prior record, the sentence can increase.

With the revised Road Traffic Act easing regulations on the use of Personal Mobility devices (PM) such as electric scooters coming into effect on the 10th of next month, the procedures for handling traffic accidents are also drawing attention. According to the revised law, PMs are allowed to travel on bicycle lanes and can be operated without a license if the rider is 13 or older, leading to a strong perception of "PM = regular bicycle." However, in essence, PMs are classified as "motorized bicycles" along with small scooters. In other words, they are motorized vehicles but are subject to traffic rules similar to bicycles.

Therefore, even after the revised law is implemented, traffic accidents involving PMs are effectively treated the same as those involving motorcycles. PM use on sidewalks remains explicitly prohibited (with a fine of 30,000 KRW). If a PM causes a personal injury accident while traveling on the sidewalk, the Special Act on Traffic Accident Handling (Traffic Accident Special Act) applies as before. If one of the 12 major negligence offenses such as sidewalk intrusion, signal violations, crossing the center line, or drunk driving occurs, criminal penalties apply regardless of insurance or settlement.

The provisions of the Act on Aggravated Punishment of Specific Crimes (Special Act) also apply equally to hit-and-run accidents or fatal/serious injury accidents involving children in school zones (commonly known as the Min-sik Act). For example, in June this year, a PM rider who struck a child in a school zone in Incheon was charged under the Min-sik Act, and in September, a PM rider in Seoul fled the scene after hitting a pedestrian and was charged with hit-and-run injury. Notably, the Traffic Accident Special Act and Special Act apply equally to middle and high school students using PMs, so safety education at home and school is essential.

Additionally, it is important to be aware that the revised Road Traffic Act mandates PM users to wear safety gear and prohibits carrying more than one passenger. Although there are no separate penalty provisions yet and enforcement is unlikely for the time being, these factors can negatively affect fault apportionment during compensation processes in the event of a traffic accident. A police official urged, "Be careful about safety while riding, especially since riding on sidewalks is prohibited and causing an accident with a pedestrian can lead to criminal penalties. Special caution is required."

This content was produced with the assistance of AI translation services.