DistantNews
Support us
Umbrella on Road Damages Car; Who is Responsible?
๐Ÿ‡ฐ๐Ÿ‡ท South Korea /Crime & Justice

Umbrella on Road Damages Car; Who is Responsible?

From Dong-A Ilbo · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

News Sources not specified Context piece
  • A car in Ulsan, South Korea, was damaged after its undercarriage sucked in an umbrella left on the road.
  • The driver's dashcam footage showed the umbrella suddenly appearing, and the vehicle could not avoid it, leading to damage to the wheel and underside.
  • Legal experts suggest that such incidents are difficult to attribute blame, with self-insurance often being the most practical recourse for the damaged party.

A driver in Ulsan, South Korea, experienced unexpected vehicle damage when an umbrella left on the road was sucked under the car, causing harm to the wheel and undercarriage. The incident, captured on the driver's dashcam, shows the umbrella suddenly appearing in the vehicle's path. The driver was unable to avoid it as it was pulled beneath the car.

The road management authority bears no responsibility in this case.

โ€” Han Moon-chulTraffic accident lawyer commenting on the responsibility of road management for the incident.

According to traffic accident lawyer Han Moon-chul, who shared the video on his YouTube channel, assigning responsibility for such an event is complex. He noted that road management authorities, who typically patrol only once a day, would find it difficult to address such a sudden obstruction. Han stated that the road management authority bears no responsibility in this case.

He also indicated that the driver who hit the umbrella was not at fault, as there was no practical way to avoid it other than swerving. The preceding vehicle was also deemed not responsible, as the umbrella was not discarded by them. Han suggested that if the damaged vehicle had maintained a slightly greater safety distance, it might have been possible to avoid the umbrella. Ultimately, he concluded that this was likely an instance of bad luck, resulting in a single-vehicle accident.

The driver who hit the umbrella was not at fault... there was no practical way to avoid it other than swerving.

โ€” Han Moon-chulLawyer explaining why the driver of the damaged vehicle is not considered at fault.

Under South Korea's National Compensation Act, the state or local governments can be held liable for damages caused by defects in public facilities. However, this typically requires proof that the management authority had a reasonable opportunity to foresee and remove the obstruction. For suddenly appearing debris like this umbrella, unless it had been reported multiple times or left unattended for an extended period, establishing such a management defect is unlikely. Therefore, Han advised that the most practical solution for the damaged party is to process the claim through their own vehicle insurance.

If the damaged vehicle had maintained a slightly greater safety distance, it might have been possible to avoid the umbrella. Ultimately, he concluded that this was likely an instance of bad luck, resulting in a single-vehicle accident.

โ€” Han Moon-chulLawyer analyzing the circumstances and concluding it was an unfortunate accident.
DistantNews Editorial

Originally published by Dong-A Ilbo in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.