Lorry scrapes illegally parked cars: What the law says

 

Improper parking at a highway rest and relaxation (R&R) area has sparked online outrage after viral videos showed heavy vehicles stranded for hours due to indiscriminately parked cars. — SCREENGRAB FROM SOCIAL MEDIA

KUALA LUMPUR: Several lawyers said motorists whose parked vehicles were damaged by a heavy vehicle could pursue accident insurance claims or legal action against the lorry company, although both the motorists and the lorry driver may also face Penal Code charges for obstruction and mischief.

Lawyer Partiben Madurai Veeran said affected motorists could file claims against the lorry company or the lorry driver under accident coverage, as the incident fell under reckless driving, despite the vehicles being parked illegally.

"The lorry driver needs to be aware of his surroundings when manoeuvring along that stretch. As seen in the viral video, there was still space on the left side of the lorry for the driver to navigate, and he should have exercised greater caution while passing through.

"It is also possible for the car owners to be summoned for illegal parking, but they still have the locus standi to claim accident coverage from the lorry company," he told the New Straits Times.

SEE YOU IN COURT

He added that motorists could also file a claim in court, although the amount involved may be relatively small.

"It is possible to take legal action against the lorry driver, and the defence may argue that it was not a designated parking area.

"However, it can be contended that a heavy vehicle driver has a greater duty of care. The video shows the driver was reckless and failed to take steps to avoid the collision," he said.

CHARGED FOR OBSTRUCTION AND MISCHIEF

Meanwhile, lawyer Sivahnanthan Ragava said when a vehicle is parked irresponsibly in a public area, such as in the incident seen in a viral video, the owner may be charged under Section 283 of the Penal Code for causing danger or obstruction in a public way, which carries a fine of up to RM400.

On the other hand, the lorry driver involved in the incident could face charges under Section 426 of the Penal Code for mischief, which involves intentionally damaging another person's property.

"In such situations, both parties may be charged in court, depending on the discretion of the prosecution. Prosecutors may choose to charge either party or both, based on the circumstances of the case and the available evidence.

"In this case, there appears to be clear evidence against both the illegally parked motorists and the lorry driver, as both are alleged to have committed offences.

"Both parties can be charged in court as there is clear cut evidence against them," he said.

INSURANCE CLAIM

As for insurance claims, he said these operate on a strict liability basis.

He said once a vehicle is damaged, the owner is generally entitled to make an insurance claim, regardless of whether they were at fault.

"However, the key question is whose insurance the motorist chooses to claim from. A vehicle owner may claim from their own insurance policy even if they are at fault. If they choose to claim from the other party's insurance, liability must first be established.

"This involves examining factual elements such as who was at fault, whether there was sufficient space for the heavy vehicle to pass safely, and the overall circumstances of the incident.

"These factors are assessed by the investigating officer and the insurance company's decision will ultimately depend on the findings of the investigation and the official report." - NST