Civil liability for motor vehicle accidents : perspectives and prospects

Abstract

The liability for personal injuries and/or property damage resulting from motor vehicle accidents on account of intentional conduct, negligence. Contributory negligence and ·no-fault' of the parties is comparatively of recent origin. The applicable law is not only based on common law principles but has been also supplemented by statutory provisions in most countries of the world including Malaysia. The judicial approach to the common law principles and enacted provisions has not been consistent and uniform. On several occasions, no real justice has been done to the victim and also the defendant has been burdened in several cases beyond his financial capabilities.

This work is an attempt to address all the above highlighted issues by identifying the legal issues involved in motor vehicle accidents, the statutory provisions operating in Malaysia and the other selected countries, the judicial approach to the statutory provisions and the problems which have been solved and have got evolved because of judicial approach.

Finally. it has been suggested in this work that in view of its practical weaknesses, the present state of the law in Malaysia needs reform. Attention has been drawn to the law operating in Australia, New Zealand, Canada and some parts of the United States of America where the legislature and the courts have adopted the concept of ''No Fault Liability" in relation to motor vehicle accidents under a scheme that compensates all victims of motor vehicle accidents without having any regard to their blameworthiness for the accident. The claimant needs only to prove that he has suffered a personal injury and/or loss in a motor vehicle accident without regard to the faulty behaviour of anyone. This scheme does not, however, replace the alternative of full-fledged tort action where the victim can insist that he was an innocent party and deserves full compensation under different headings of damages for personal injury. If the victim succeeds in his action, then the amount he has received under the ·no-fault' scheme is deductible. The 'no-fault' scheme thus enables the victim or his dependants to get compensation in a short time without the usual legal hassles and at the same time without compromising with his or their right to get compensated under tort law.

It is the convinced opinion of the writer that in view of the s9cial progress and economic development, this type of law will prove worthwhile for Malaysia.