For those familiar with Singapore's legal landscape, the term "Contributory Negligence" will ring a bell. It is usual for insurance companies acting for the defendant to raise this defense to shift some responsibility onto the claimant to reduce the compensation payout.
MACO (Motor Accident Claims Online Stimulators) and MAG (Motor Accident Guidebook) are resources often used by lawyers, insurers, families, and even the courts in determining possible liability apportionment in claims arising from road traffic accidents. These resources are sometimes helpful in indicating the likely contributory negligence in certain accident scenarios. However, each accident is unique, and claimants may be shortchanged if these resources are relied on blindly.
In the dependency case of “Mark Doney,” where a cyclist on a major road collided into a truck exiting from a minor road, the insurance company proposed a standard liability split of 30 - 70 (percentage contribution) based on MAG in the plaintiff's favour. The accident fit perfectly into a “major road - minor road” scenario. Grace Law LLC challenged the norm and litigated the case all the way to the Appellate Division.
By delving into concepts like Perception Response Time (PRT), Braking Distance, Braking Time, and Point of Hazard Perception (PHP), Grace Law LLC’s fight turned on milliseconds to prove that the cyclist had a mere 1-2 seconds to react and respond to the truck’s action. The High Court in 2023 agreed with Grace Law LLC’s submissions and found the truck driver 100% negligent and the Appellate Court in February 2024 upheld this finding.
Grace Law LLC’s commitment to justice entails using groundbreaking approaches customized for each case and embracing innovation, Grace Law LLC hopes to help victims obtain the just compensation they deserve. Visit https://www.gracelaw.sg to read the “Mark Doney” cases (High Court and Appellate Court judgments). We give all glory to God and may this case serve as a beacon of hope for many.
Read the full Appellate Court Judgment here.