The prosecutor argued that the semi-trailer was moving slowly so that it did n’t impede the Toyota.
The BMW behind could n’t stop in time after the Toyota collided with the semi-trailer.
According to professional data submitted at trial, the initial incident between the Toyota and the semi- trailer had a 66.6 per cent to 90 per cent contribution to Mr Lim’s injuries, while the Toyota- BMW collision had a 10 per cent to 33.3 per cent contribution.
The prosecutor found the semi- truck drivers, Mr Mohd Jafri Abdul Hamid, and his company 50 per cent answerable for Mr Lim’s injuries, as the driver’s actions had “high causal potency” and a “high degree of blameworthiness”.
He was aware of the road signs that warned drivers of big vehicles to maintain left, but he omitted them.
Because Mr. Lim’s injuries were directly caused by his overreaction, the Toyota drivers and therefore his company were held to be responsible for the first collision by 30 %.
The prosecutor found the BMW vehicle 20 per cent guilty, noting that while he flouted safe driving concepts, the next collision only exacerbated Mr Lim’s injuries.
The accused will be required to divide the S$ 4.7 million in damages awarded to Mr. Lim among themselves in accordance with their share of the total liabilities.
DAMAGES
The S$ 1.9 million value of upcoming nursing care at Orange Valley Nursing Home and S$ 1.6 million in potential revenue loss are the most significant sums of the S$ 4.7 million awarded to Mr. Lim.
Five weeks before the incident, Mr Lim had just begun his new career as a finance professional with the Society for the Aged Sick, earning S$ 3, 500 a quarter.
His work was terminated in June 2020 for health reasons.
Prior to that, he worked on projects for Changi Cove and Sembcorp Design and Construction.
Before Mr. Lim was admitted to the medical household, Mr. Lim received about S$ 82, 000 for caregiving services from a local companion and his wife, and S$ 235, 000 for pain and suffering.
The Toyota driver, along with his employer, Mr. Liew Loy Sang, was unrepresented and absent from the trial.
Ms. Low Woon Hong, the driver of the BMW, and his employer, were represented by Mr. Low Woon Hong and Mr. Christopher Fernandez and Mr. Low Huai Pin from Tan Kok Quan Partnership.
Mr. Niru Pillai, Mr. Liew Teck Huat, and Mr. Phang Cunkuang represented the insurer of the Toyota.
The main takeaways from the case, according to Mdm Fung’s lead attorney, Mr. Singh, are that family members of accident victims do not have to struggle” to the point of burnout” in caring for accident victims and should not be hesitant to seek assistance from care providers.
The lawyer claimed that the victims are also entitled to recover the costs of the gratuitous care that family members have provided to them.
He added that Singapore residents who were seriously hurt in accidents in Malaysia are also entitled to compensation there if their losses are primarily caused by these entities and by local witnesses.