Skip to main content

Q1. Ms. N crossed a road while talking on her mobile phone. She did not look properly up and down the road and did not notice an approaching vehicle. The vehicle failed to stop in time and knocked down Ms. N.  Would Ms. N be liable under section 48 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong)?

Ms. N’s behaviour amounted to negligently endangering her own safety.  It actually might also endanger other road users because the approaching vehicle could, in an attempt to avoiding knocking down Ms. N, run into other vehicles or pedestrians.  (Note: even though the driver of the approaching vehicle might be driving carelessly — or even dangerously — that is another matter and it will not negate Ms. N’s negligence.)