Because an eatery had occupied the entire sidewalk, I was forced to walk along the edge of the road, where I was struck by a motorcycle. To date, neither party has provided any compensation.
The owner of the eatery claims the accident was caused by the motorcyclist speeding, while the motorcyclist argues that I stepped into the roadway suddenly.
Am I at fault in this situation? If the encroachment upon the sidewalk served as an indirect cause of the accident, can the eatery owner be held jointly liable for compensation?
How is liability determined when multiple parties contribute to causing damages?
Thank you.
Reader Thuy Dung
Legal Advice:
According to Point a, Clause 1, Article 30 of the 2024 Law on Road Traffic Order and Safety, pedestrians "must walk on sidewalks, road shoulders, or paths designated for pedestrians; in cases where there are no sidewalks, road shoulders, or designated pedestrian paths, pedestrians must walk as close as possible to the right-hand edge of the road in the direction of their movement."
In your case, your need to walk on the roadway arose from an objective circumstance: the sidewalk had been occupied by an eatery. Nevertheless, when walking on the roadway, you must remain vigilant to ensure your own safety.
Furthermore, under Clause 1, Article 77 of the 2024 Law on Road Traffic Order and Safety, "roadways are to be used for traffic purposes, while sidewalks are for the use of pedestrians."
Additionally, Clause 7, Article 12 of Decree No. 168/2024 stipulates that individuals may face fines ranging from 2 to 3 million VND—with the penalty doubled for organizations—for the unauthorized use of roadways or sidewalks for activities such as setting up markets or operating food and beverage businesses.
Based on these regulations, using a sidewalk for a food and beverage business constitutes an unauthorized use of the sidewalk. Consequently, the encroachment upon the sidewalk served as an indirect cause of the traffic accident involving you and your child.
As for the motorcyclist, the driver is at fault and bears liability for compensation if they were speeding, failing to observe their surroundings, not maintaining a safe distance, or committing other violations of traffic rules that led to the accident.
In such a scenario, if multiple parties contribute to causing the damage, they are jointly liable for compensating the injured party. The liability for compensation of each person who jointly caused the damage is determined in proportion to their respective degrees of fault.
If the degree of fault cannot be determined, they must compensate for the damage in equal shares, in accordance with Article 587 of the 2015 Civil Code regarding compensation for damage caused by multiple persons.
Thus, the shop owner bears joint liability for compensation alongside the motorcycle operator.
The liability for compensation of each person is determined in proportion to their respective degrees of fault. If the degree of fault cannot be determined, they must compensate for the damage in equal shares.