Driver's Family Denied Compensation After Fatal Accident Caused by Own Violations
Translated from Chinese, summarized and contextualized by DistantNews.
At a glance
- A truck driver died in an accident while driving without a license, speeding, and under the influence of drugs.
- His family sought workers' compensation, claiming it was a work-related accident.
- A court rejected the claim, ruling that the driver's death resulted from his own serious violations of traffic laws.
A truck driver, identified as Mr. He, died in an accident on a flood control road in Ligang Township after his dump truck veered off the road and fell down an embankment. Investigations following the crash revealed that Mr. He was driving without a license, was speeding, and had tested positive for drugs in his system, including codeine and ephedrine.
Mr. He's wife and child subsequently filed a lawsuit against the truck operator, seeking 2.25 million NT dollars in workers' compensation for funeral expenses and 40 months of average wages. They argued that his death constituted a work-related occupational disaster, as the operator had not insured Mr. He.
The Pingtung District Court, however, dismissed the family's claim. The court found that Mr. He's death was a direct consequence of his own severe illegal driving actions. Specifically, he was operating the vehicle with a suspended license, driving at excessive speeds, and under the influence of illicit substances. These actions were deemed to be the primary cause of the accident and his subsequent death.
Consequently, the court ruled that Mr. He's death could not be classified as an occupational disaster under the Labor Standards Act. The court's decision also led to the prosecutor's office dropping charges against the driver of the other truck involved in the collision, as Mr. He's own actions were determined to be the sole cause of the fatal incident. The family's request for compensation was therefore rejected, and they are eligible to appeal the decision.
Originally published by Liberty Times in Chinese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.