Passenger Sticking Neck Out of Taxi Window Injured in Sudden Stop: Who Is at Fault?

A Taxi Passenger Injured While Sticking Head Out of Window During Sudden Stop
Driver Wonders About Subrogation Claim Against Car Ahead
Lawyer Han Moon-cheol Says "Difficult to Hold Car Ahead Responsible"

A passenger who was sticking their head out of the taxi window and got injured due to a sudden emergency stop. YouTube channel 'Han Moon-cheol TV'

A taxi passenger who was sticking their head out of the window was injured due to a sudden emergency stop.

On the 12th, the YouTube channel ‘Han Moon-cheol TV’ uploaded a video titled ‘The emergency stop is also a fault, but are the passenger sticking their head out and the vehicle that made the emergency stop not at fault?’ According to the video, taxi driver Mr. A recently stopped the taxi because the Morning car ahead suddenly made an emergency stop while he was driving with passenger Mr. B.

At that moment, passenger Mr. B, who was sitting in the back seat, screamed. Mr. B, who was not wearing a seatbelt and had his head sticking out of the window during the emergency stop, hit his head due to the taxi’s sudden stop.

A passenger who was sticking their head out of the taxi window and got injured due to a sudden emergency stop. YouTube channel 'Han Moon-cheol TV'

Mr. A, who is liable for compensating the passenger’s injury, wondered if he could claim subrogation against the car ahead (the Morning) and sought advice. Mr. A said, “My insurance company said there is a need to claim subrogation against the other vehicle, but they have not yet told me the percentage. They said if the other party does not admit fault, I should report the accident to the police station. I want to know how much fault I have.”

In response, lawyer Han Moon-cheol said, “It is principle that the taxi driver compensates for the passenger’s damage, but the passenger will be recognized as 30% responsible for not wearing a seatbelt and sticking their head out.” He added, “There was a past ruling where a passenger who fell while gathering luggage before a highway bus stopped was recognized as 30% at fault, so this case will be treated similarly.” He continued, “However, claiming subrogation against the car ahead will not be easy. Even if it was an emergency stop, it was made while driving slowly, so it is difficult to see the car ahead as responsible.” He advised, “In the future, taxi drivers should pay more careful attention to passengers wearing seatbelts during taxi operation.”

Netizens who saw the story reacted with comments such as “Did you inform the passenger to wear a seatbelt when they got in the taxi? That part seems important,” “The passenger not wearing a seatbelt is largely responsible,” “The car ahead doesn’t seem to be at fault,” “I’m not sure if the speed warranted an emergency stop,” “The car ahead is not related; the fault should be determined between the passenger and the taxi,” “It could have led to a serious accident if mishandled,” and “Why was the head sticking out?”

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