Jaywalker faces jail over motorcyclist's death By Cao Li (China Daily) Updated: 2005-10-26 05:44
SHANGHAI: Kong Xiangsheng never thought that jaywalking, a casual
misdemeanour committed by hundreds-of-thousands of people everyday, would land
him in court.
But, yesterday, he found himself the first person in Shanghai prosecuted for
a jaywalking-related death.
When crossing Chengshan Road on June 17, Kong took a short cut about 100
metres from the designated crossing.
A motorbike, turning into the road, swerved to avoid him and into the path of
an oncoming truck.
With severe injuries to the head and chest, the 60-year-old motorcyclist,
surnamed Lin, died soon after being sent to hospital.
The slightly injured Kong had stitches in the left part of his forehead and
left leg.
He reported to a nearby police station two days later.
Shanghai Pudong New Area People's Court yesterday heard the case.
"It is Kong's neglect of traffic rules that caused Lin's death, therefore he
should take the responsibility," said prosecutor Li Xiaowen.
Pedestrians are usually more seriously injured than motorists, and, according
to Chinese law, it is usually the motorist who pays compensation even if the
accident is the pedestrian's fault.
Kong's, however, is a special case because the motorist died.
The prosecutor suggested imprisonment of up to three years.
But a lenient sentence may be more likely, given Kong's timely surrender to
police.
Yi Guorong, Kong's lawyer, argued that Kong should not shoulder all of the
blame for the accident.
"Lin was driving too fast when he made the turn from anther road before the
tragedy happened.
"Some experts we consulted say the reason for Lin's death is that he
attempted to avoid Kong before hitting him," Yi said.
"The accident was caused by both of them, not just Kong."
Yi also said Lin had not been wearing a helmet and was driving in the middle
lane.
According to traffic rules, motorcycles should be ridden in the side lane.
"Lin would not have died if he had driven slowly and in the right lane," said
Yi.
But, prosecutor Li pointed out, there would have been no accident at all if
Kong had used the pedestrian crossing.
Li said he hopes the case will give a warning to people who neglect basic
traffic rules.
A survey by traffic police at a busy downtown crossing found that more than
100 pedestrians an hour crossed when the lights were red.
(China Daily 10/26/2005 page3)
|