'Zero Acknowledgments' Sudden Acceleration... Bill to Mandate Accident Investigation Introduced

Cases of Grandmothers Investigated as Detectives After Losing Grandchildren
Frequent Suspicious Accidents but Difficult for Ordinary People to Prove
Growing Calls for 'Strengthening Manufacturer's Burden of Proof'

Since 2015, there have been a total of 316 suspected cases of sudden unintended acceleration (SUA) in domestic vehicles (Korea Transportation Safety Authority). Among these, not a single case has been officially recognized as actual sudden unintended acceleration.

Suspected SUA incidents have occurred multiple times. However, determining whether the accident was caused by a mechanical defect is very complex. It requires not only expert knowledge but also access to key information held by automobile manufacturers.

Eventually, an elderly man who lost his teenage grandson in a suspected SUA accident was even criminally charged. Voices are rising for the urgent establishment of legislation to protect victims and properly investigate the causes of suspected accidents.

Grandmother Who Lost Grandson in Suspected SUA Accident Criminally Charged

Sudden acceleration accident vehicle
[Image source=Gangneung Fire Station]

The accident occurred last December on a road in Hongje-dong, Gangneung City. A(68) was driving an SUV with his 12-year-old grandson when a suspected SUA accident happened, resulting in the grandson’s death. Although A, who was behind the wheel at the time, was seriously injured in the accident, he was still criminally charged and investigated by the police under the Special Act on Traffic Accident Handling for causing death.

The bereaved family tearfully pleaded for a thorough investigation into the truth of the accident. Lee Sang-hoon, the deceased grandson’s father, said in a radio interview on March 2, "Who would drive intending to kill their grandson?" He added, "I want to investigate why Dohyun had no choice but to die like this and why we had to be separated forever by watching the accident video dozens of times."

10 to 50 Suspected SUA Cases Annually... Actual Investigation Is Difficult

In December last year, a woman in her 60s who lost her 12-year-old grandson in a suspected sudden unintended acceleration accident in Gangneung and was booked on charges of death under the Special Act on the Treatment of Traffic Accidents appeared for her first police investigation on March 20, accompanied by her son and lawyer.
[Image source=Yonhap News]

Suspected sudden unintended acceleration refers to a phenomenon where a vehicle suddenly produces high power output that the driver did not intend while the vehicle is stopped or starting at a slow speed. According to the Korea Transportation Safety Authority’s Automotive Safety Research Institute, there have been 316 related suspected cases from 2015 through last year. The number ranges from about 10 cases in low years to nearly 50 in high years.

The problem lies in the extreme difficulty of identifying the cause of suspected SUA accidents. Under current law, the burden of proof for suspected SUA accidents lies primarily with the plaintiff. In other words, the victim of the suspected accident must prove a mechanical defect and use that as a basis to hold the automobile manufacturer liable for damages. Critics point out that it is difficult for ordinary people, who are not familiar with automobile parts and have limited access to key information related to the accident, to conduct such investigations.

Typically, accident data recorders (EDR) are referenced when investigating suspected SUA accidents, but there are claims that EDRs are not highly reliable. Han Moon-chul, a traffic accident specialist lawyer, said in a March interview with YTN, "EDR results record the situation five seconds before the accident impact," and added, "Experts, including myself, believe that EDR reports often contradict objective circumstances."

"Strengthen Manufacturer’s Burden of Proof to Break the Vicious Cycle"

The immediate aftermath of an unintended acceleration accident vehicle

Meanwhile, Han Junho, a member of the Democratic Party of Korea, introduced a partial amendment to the Automobile Management Act on the 18th, which mandates the investigation of causes for suspected SUA accidents.

Han said, "Under the current legal system, when a suspected accident occurs, only the victim continues to suffer unfairly and painfully. Through this bill, we aim to accurately identify the causes of SUA accidents and strengthen the automobile manufacturers’ responsibility to prove the cause of accidents, thereby breaking the vicious cycle where only victims suffer."

The bill requires that when a suspected SUA accident occurs, a performance test agent must conduct a mandatory investigation to determine the cause of the accident. The Minister of Land, Infrastructure and Transport must support the necessary facilities, equipment, and costs for the investigation.

The burden of proof on automobile manufacturers will also be strengthened. Manufacturers must submit evidence related to the accident when a suspected accident occurs, and if they fail to comply, it will be presumed that the vehicle has a defect.

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