In a tragic case that has gripped Changhua County, a 74-year-old unlicensed driver has been formally charged with negligent homicide for a fatal crash that claimed the lives of two young sisters. The Changhua District Prosecutors Office announced the indictment on March 19, 2024, over a year after the accident, which took place on February 23, 2023, in Shengang Township.
Incident Details
The accused driver, Hsiao (蕭), was behind the wheel when he struck three siblings at an intersection in Shengang Township at approximately 6:21 p.m. The victims, all from the Chen (陳) family, were crossing the street at a pedestrian crosswalk but had proceeded despite the traffic light being red for pedestrians.
Video footage of the accident confirmed that the children were on the crosswalk when they were hit.
- The eldest sibling, a 10-year-old girl, sustained severe injuries and fell into a coma before succumbing to her injuries on September 5, 2023.
- Her younger 8-year-old sister, who was also critically injured, passed away on October 29, 2023.
- Their 7-year-old brother, who was also hit, miraculously survived without serious injuries.
Legal and Investigative Findings
After reviewing the case, prosecutors determined that Hsiao was at fault for failing to properly yield to pedestrians at a crosswalk, despite the red pedestrian signal.
According to Taiwan’s traffic laws:
- Drivers must always be aware of pedestrians at intersections, regardless of traffic signal status.
- Even when pedestrians cross against a red light, motorists must exercise caution and take necessary action to prevent an accident.
Key Findings from the Investigation:
- Traffic Accident Investigation Review Committee’s Assessment
- The review committee conducted a secondary evaluation and determined that Hsiao’s failure to maintain awareness while approaching the pedestrian crossing was a “secondary cause” of the crash.
- Unlicensed Driving as a Major Factor
- Hsiao did not possess a valid driver’s license, which was a key legal factor in the negligent homicide charge.
- Prosecutors argued that his lack of proper driving qualifications contributed to his inability to react appropriately to the children crossing.
- Responsibility of the Driver
- Prosecutors emphasized that drivers should exercise extreme caution in areas with pedestrian crossings, especially in situations involving children.
- The case has sparked renewed debate on the enforcement of traffic laws for unlicensed drivers in Taiwan.
Public Reaction and Legal Implications
The case has drawn significant public attention, with many questioning whether Taiwan’s traffic regulations are strict enough in holding negligent drivers accountable.
- The loss of two young lives has led to calls for harsher penalties for unlicensed drivers and stricter pedestrian safety measures.
- Advocates argue that this tragedy could have been prevented had the driver been licensed and properly trained in defensive driving.
Meanwhile, the Chen family is reportedly pursuing legal action to ensure that justice is served.
What’s Next?
The Changhua District Court will now move forward with the trial process, where Hsiao faces the possibility of a significant prison sentence if convicted of negligent homicide.
Legal experts suggest that the case may set a precedent for future cases involving unlicensed drivers involved in fatal accidents.
FAQs
What charges is the driver facing?
The driver, Hsiao (蕭), has been charged with negligent homicide due to his failure to yield to pedestrians and operating a vehicle without a valid driver’s license.
Did the children cross the road illegally?
The video evidence shows that the siblings crossed the road despite the red pedestrian signal. However, under Taiwan’s traffic laws, drivers are still required to exercise caution and give way to pedestrians, even in such situations.
How did the accident happen?
The driver failed to properly monitor his surroundings while approaching the intersection and struck the three children on a pedestrian crossing.
What penalties could the driver face?
If found guilty of negligent homicide, the driver could face a prison sentence, fines, or both.
Are there any legal reforms expected following this case?
There is growing pressure on Taiwan’s authorities to impose stricter penalties for unlicensed drivers and introduce enhanced pedestrian safety measures.
