FERRARI CRASH BLAMED ON POOR TRAFFIC CONDITIONS

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Ferrari crash due to 'poor traffic conditions'

By Sujin Thomas

The actions of the Ferrari driver involved in the horrific May 12 crash in Bugis and the deaths and injuries which resulted were "unintended, unexpected and/or fortuitous".

In documents filed in the High Court on Tuesday, lawyers acting for the family of the driver, Mr Ma Chi, 31, made those points, blaming the crash on "poor traffic conditions" and "surroundings" at the road junction at the time.

It was in response to a counter-claim and defence filed in the High Court on Sept 3 by lawyers acting for AXA Insurance Singapore. AXA, which was Mr Ma's vehicle insurer, had said in July that it would be withdrawing its coverage for the crash.

A few days after AXA filed the documents, it told The Straits Times that it would compensate the families of the third parties who were injured or killed in the crash.

On May 12, Mr Ma allegedly beat a red light and crashed into a ComfortDelGro taxi, which then hit a motorcycle at the junction of Rochor Road and Victoria Street.

Mr Ma, a financial investor from Sichuan, died at the scene, while cabby Cheng Teck Hock, 52, died in hospital along with his Japanese passenger, Ms Shigemi Ito, 41. Both the motorcyclist and a female passenger in the Ferrari were injured.

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Mr Ma's family's lawyers from Drew & Napier LLC argued that the placement of the traffic lights at the junction "made it difficult for motorists to spot the traffic signals readily and easily", among other reasons.

This led to vehicles having a "high likelihood" of failing to comply with traffic lights that just turned red against them, according to their documents.

They added that the traffic-light system at the junction "did not provide sufficient time" for an "all-red phase" - that is, for vehicles to stop at the junction.

Moreover, the junction was labelled a "black spot" by the Land Transport Authority, for being the location of numerous similar crashes.

In general, a road or traffic junction that has logged more than 15 accidents resulting in deaths or injuries in three years is considered a black spot, said a Straits Times report last year.

In the defence and counter-claim filed by AXA, its lawyers from United Legal Alliance LLC said that the crash was "highly probable, foreseeable and to be expected".

The insurer's lawyers also said that the incident was due to a "collision", and not an accident.

In the insurance industry, this means that the driver was aware that his actions would cause an accident, thereby voiding the insurer's liability to make a payout.

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[manmerlion]

I'm sure the lawyers know their arguments are flimsy. But since they have taken on the case, they must argue for argument's sake. Actually, not a bad deal. Can talk cock and charge exorbitant fee at the same time. Ha...ha...

[Arshavin]

And is a million dollar deal.