KAOHSIUNG – A woman crashed into a metal barrier occupying part of the road in Sanmin District and suffered several fractures. The court found that the barrier had reportedly been there since 1989, while police had handled around 70 reports, complaints and traffic incidents nearby during the previous five years without removing it.
Lai was thrown from her scooter and suffered fractures to her upper right arm and toes, including an open fracture. She later sought more than NT$310,000 in state compensation, arguing that police had failed to remove an illegal road obstruction.
Police told the court that officers have discretion over whether to remove objects from roads. They also said they had not received a complaint specifically identifying the barrier before the crash.
The court also found that Lai bore most of the responsibility because visibility was clear and other riders had managed to avoid the obstruction. It assigned 80% of the fault to Lai and 20% to the police.Kaohsiung police were ordered to pay NT$32,833 for medical expenses and emotional distress. The decision can be appealed.
https://udn.com/news/story/7321/9659893
