Accidents Involving Cyclists and Pedestrians

Mdm Speaker, from 2011 to 2013, there was an average of 10 reported accidents involving cyclists and pedestrians each year. These accidents generally occurred along the pedestrian pathways and at pedestrian crossings. The Traffic Police (TP) has taken the cyclists responsible for the accidents to task under the Road Traffic (Bicycles) Rules and relevant provisions of the Road Traffic Act.

Currently, an injured person can initiate civil action if the accident was caused by the negligent conduct of other road users. Other options of redress include making an insurance claim, mediation and private settlement. In general, these avenues provide adequate means for persons who suffer injury in such accidents to claim compensation. TP and LTA will continue monitoring the situation to assess the need for additional remedies to address the Member's concern. Both agencies will also continue to improve cycling infrastructure and education measures in respect of both cyclists and pedestrians.

Mdm Speaker, I am sure the number on the ground is much higher than that because I have been receiving feedback

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very regularly. Recently, one of my resident's arms were badly injured. She reported to the Police and the Police said that she had to take a civil suit, as Senior Minister of State mentioned just now. She was told to either take out a civil suit or make an insurance claim.

I would like to ask the Senior Minister of State if the Ministry can review the legal framework in such a way that errant cyclists who caused injuries, be prosecuted without going through a civil suit. How many residents would like to take that path because it involves costs? The second question is on the insurance claim: claim from whose insurance, I would like to ask.

The civil suit has to do with claiming for damages whereas prosecuting the offender for the offence has to do with the act itself. For those pedestrian cases, we have been charging them under various Acts. But certainly, for the most egregious cases where serious injury is caused, we can also use the Penal Code to invoke against the cyclist offender to charge them under the rash Negligent Act. Under this Act, a fine of up to $10,000 or a jail term can be meted out. It would depend on the kind of injuries, the circumstances and the evidence we can bring against the offender. That is not the same as what compensation the pedestrian can claim against the cyclist. It is quite separate – the act of prosecuting and the act of getting compensation.

I think the Senior Minister of State did not answer my second question. When he mentioned claiming from insurance, if let say the cyclist currently does not have insurance, so whose insurance can the pedestrian claim from? The other question is the reply from the Police to the residents. Normally, they would say, "There is nothing that we can do." Perhaps something can be done to brief the Police properly, so that the residents would not walk away thinking that they are always at the losing end.

Certainly. There are cyclists who are insured. In cases where the cyclists are insured, you can claim against the cyclist. When they are not insured, that is where the civil suit would have to take place to get the injury claims against the damages. As for the Police, we would take that on board to make sure the communications with the complainants are carried out properly. In times when they are injured, Police should not cause further injury by giving them information which is not helping the case.

Currently, insurance for cyclists is not compulsory. So, will the Ministry make this compulsory, so that when someone is injured by cyclists, they can claim the insurance from the cyclists?

Unfortunately, insurance is under the purview of LTA and the Member may like to direct the question to LTA.