Negligent injury to pedestrians involves criminal liability, says legal scholar

Following several traffic accidents in Macau last week, including one involving a tourist who may have crossed the road illegally, a local legal scholar reminded the public that the current legal system frequently holds drivers liable for negligence, regardless of the circumstances.

Two recent traffic accidents involving pedestrians have raised concerns in Macau. Last Friday, a truck collided with a 5-year-old girl at a zebra crossing at the intersection of Praceta de Venceslau de Morais and Travessa Venc. Morais while she was pushing a skateboard.

The following day, a bus struck a mainland Chinese woman who was jaywalking on Avenida de Almeida Ribeiro.

These incidents have prompted widespread public concern over traffic safety and received extensive coverage from local and Hong Kong media.

Prior to the recent incidents, the Mutual Aid Association of Residents of Avenida de Almeida Ribeiro had advocated for more prominent signage at traffic “black spots” and greater awareness through various channels. The group emphasized the importance of pedestrians obeying traffic regulations when crossing the road and urged drivers to adhere to traffic laws and yield to pedestrians.

The association’s recommendations also included installing arrow-shaped signs along pavements to guide pedestrians toward zebra crossings.

According to the latest data from the Public Security Police Force (PSP), covering May 12–18, a total of 167 jaywalkers were fined.

In response to the frequent occurrences of jaywalking, Secretary for Security Wong Sio Chak noted last month that 70% of jaywalkers were non-local residents.

He urged lawmakers to consider revising the city’s Road Traffic Law to increase penalties for jaywalking.

The Legislative Assembly (AL) is currently convening meetings to discuss amendments to the Road Traffic Bill. Following last Thursday’s meeting, Ella Lei, who chairs the First Standing Committee, informed the media that discussions on illegal pedestrian crossings have not yet begun.

In recent years, incidents involving pedestrians allegedly violating traffic rules while crossing the road and being struck by vehicles have become increasingly common. The online slang term “walking 220,000” has emerged to describe pedestrians who disregard traffic regulations, jaywalk, run red lights, and walk in active traffic lanes.

In one such case, a driver struck a pedestrian on Avenida do Almirante Lacerda in 2017, leaving the pedestrian in a vegetative state. Reports indicate that the pedestrian was crossing on a green light, which turned red mid-crossing. Meanwhile, a motorcyclist, whose view was obstructed by a bus, was unable to brake in time and hit the pedestrian.

The victim was awarded more than MOP2 million in compensation, but the case was appealed to the Court of Final Appeal. Ultimately, the court ruled the pedestrian was 90% at fault, assigning 10% fault to the driver, resulting in a MOP220,000 liability.

When asked by the Times whether Macau’s laws are overly protective of pedestrians, Kenny Lee, president of the Association for the Promotion of Public Legal Services, clarified that the issue lies in the current legal system.

He noted that under Macau’s legal framework, if a driver collides with another person, they may not be exempt from liability and could be found negligent.

He explained that negligence can be categorized into gross negligence and ordinary negligence. Gross negligence may lead to permanent injury to the victim, as in the case involving the MOP220,000 compensation. In contrast, ordinary negligence typically results in injuries that do not cause permanent harm.

Lee further pointed out that in general traffic accidents, the police typically ask the injured party whether they wish to pursue liability. However, if one party is clearly or primarily at fault, the driver may be at a disadvantage.

“This is where we need to discuss the proportion of fault between the two parties. As mentioned earlier in the case involving the MOP220,000 compensation, the court ruled that the pedestrian was 90% responsible. This raises questions about how responsibility is allocated,” he added.

He also cited the Road Traffic Laws of Macau and neighboring regions, which clearly state that, regardless of circumstances, drivers have both a legal and moral obligation to remain vigilant and avoid colliding with pedestrians, even if a pedestrian recklessly crosses the road.

This serves as a reminder that both drivers and pedestrians must exercise caution on the road. Drivers must remain alert, and pedestrians should follow traffic rules and stay aware of their surroundings, according to the legal scholar.