Justice system told to improve traffic litigation

A seminar at the Judicial Yuan yesterday heard that flawed analyses of traffic accidents could hamper related litigation and that the capacity of the judicial system to handle traffic litigation needed to be improved.

"In Taiwan, more than 5,500 people die in road accidents each year," said Yang Tzu-chin (楊子敬), chairman of the Accident Appraisal and Research Institute. "We should point out, however, that not all law enforcement officers are well-trained in evaluating the causes of such accidents and that this has caused problems when cases have gone to the courts."

Yang, a former director of the Criminal Investigation Bureau under the Ministry of Justice, also said that, in his experience, judges and prosecutors tended not to adhere to the 12 pieces of legislation governing road traffic accidents when handling related trials.

According to a survey conducted by the institute, there were between 15,000 and 20,000 road accidents in Taiwan last year.

When a road accident is the subject of litigation, photographs are usually the only evidence presented to the court.

"With a little high-tech know-how, any photograph can be digitized and faked or altered," added Yang. "Negatives, however, cannot be faked and they should be required by law, too."

He also said that most prosecutors and judges do not consider the circumstances of a case when dealing with traffic accidents.

"For example, when an accident occurs, aside from the impact itself, investigators should also pay attention to the conditions, including whether there were too many vehicles parked on or blocking the roads, whether there were other obstacles on the roads, whether the weather was bad and so on," he said.

He added that many accident victims chose not to pursue litigation because they didn't trust the courts to provide justice.

Yang recommended that it be made mandatory for the court to receive a police report and two traffic-accident appraisals by independent experts before any trial could proceed.

"We want to hear different perspectives to achieve real justice," said Yang Ren-shou (楊仁壽), secretary-general of the Judicial Yuan. "To have experts involved in cases which go to court is one of our plans. Their professional analysis and points of view can fill the gap made by the judges' limited knowledge in this specific field."

Judicial Yuan President Weng Yueh-sheng (翁岳生) said prosecutors and judges also need professional advice so that the legal system can remain fair and objective.