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Case Studies | Heavy Motorcycle Rear-End Collision, Lawsuit for Negligent Injury

Relevant Legal Provisions
Article 284 of the Criminal Code:Anyone who causes injury to another person through negligence shall be sentenced to imprisonment for not more than one year, short-term detention, or a fine of not more than NT$100,000; if the injury results in serious harm, the sentence shall be imprisonment for not more than three years, short-term detention, or a fine of not more than NT$300,000.
Facts and Reasons
On an ordinary evening, the party involved was riding a heavy motorcycle through an underpass in Taipei City, traveling from east to west in normal traffic. At that moment, another heavy motorcycle from behind, failing to maintain a safe distance, directly crashed into the rear of the motorcycle ridden by the party involved.
This sudden rear-end collision caused the party and the motorcycle to fall to the ground, resulting in injuries such as swelling and pain in the right limbs, dizziness, and neck pain, requiring medical treatment.
After the accident, the party, exhausted both physically and mentally, deeply felt the need for professional legal assistance to protect their rights and interests. After careful consideration, the party entrusted this law firm to handle the case, thoroughly examining the facts, collecting relevant evidence, and filing a complaint with the prosecution authority to pursue the criminal liability of the at-fault party.
Prosecutor's Disposition
The above defendant, involved in the negligent injury case, has been indicted following the conclusion of the investigation.
When motorcycles are traveling in the same lane, unless overtaking, the following vehicle should maintain a distance sufficient to stop at any time to avoid danger or accidents. In this case, the conditions and road situation were not adverse, and there was no unavoidable circumstance requiring extra attention. The defendant neglected to maintain a safe distance from the vehicle in front and thus collided with its rear.
During the investigation, the defendant confessed, admitting that they had looked back to check the rear vehicle at the time of the incident and failed to pay attention to the road conditions ahead, which led to the accident. In accordance with Article 251, Paragraph 1 of the Code of Criminal Procedure, a public prosecution was initiated.
(Some details of the case have been adjusted or omitted to protect the parties' rights.)
Attorneys: Herman Lyu、Ian Yan
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