{"id":162,"date":"2003-11-27T14:50:00","date_gmt":"2003-11-27T14:50:00","guid":{"rendered":"http:\/\/www.shiromi.com\/cgi-bin\/blosxom.cgi\/diary\/200311272350.html"},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-29T16:00:00","slug":"whose-fault-is-it","status":"publish","type":"post","link":"https:\/\/shiromi.com\/blog\/2003\/11\/27\/whose-fault-is-it\/","title":{"rendered":"Whose fault is it?"},"content":{"rendered":"<p><img decoding=\"async\" class=\"left\" src=\"http:\/\/www.shiromi.com\/images\/diary\/20031127-bike-wreck.gif\" alt=\"bicycle wreck\" \/>While I was riding home earlier this evening, I had to cross a busy street so I waited that all the cars were still, waiting in line in front of the traffic light and started to go through the cars.<br \/> When I was about to reach the other side of the street, I got hit by a scooter which was passing the cars by the left (people drive on the left hand side in Japan) &#8230;<\/p>\n<p>I just couldn&#8217;t see it before (maybe I wasn&#8217;t careful enough either), as the car (a 4WD) was hiding it from me. The only moment I actually saw it was a few seconds before the hit, while I was checking it was safe to go&#8230;<\/p>\n<p>The scooter came awfully fast and I didn&#8217;t have enough power to get out of the way, not to mention that I had also left the bicycle light at home. The hit was inevitable.<\/p>\n<p>I was put down by the hit, suffering several bruises at the legs caused by the bicycle itself and also got hit at the torso, as I bumped into a barrier on the road when I fell from the bike.<br \/> I believe I am quite lucky though as I didn&#8217;t get more badly injured, especially at the head or didn&#8217;t have any bones broken.<br \/> The bike itself hasn&#8217;t been that lucky as I believe both wheels have to be replaced (I&#8217;m not sure about the frame yet).<\/p>\n<p>Now, the lady who was riding the scooter fell too but didn&#8217;t complain about any physical injury; the turn signal light of the scooter broke though, so we agreed I would pay for the reparation of that light, as I assume it was my fault in the first place.<\/p>\n<p>However, I&#8217;ve been reading about bike accidents in Japan and it seems the law favours the smaller parties, and the responsibility always falls under the bigger party (car >  motorcycle > bicycle > pedestrian).<\/p>\n<p>Is it a case of shared responsibility, as the scooter may not have been supposed to pass the cars like that? Does the Japanese law give right to the bicycle in this case?<\/p>\n<p>Should I ask her to pay for my bicycle too? The injuries I&#8217;ve suffered are probably nothing but how can you tell in the long term?<\/p>\n<p>I will be calling the Traffic Accident Counseling Service (sponsored by the Tokyo Metropolitan Government) to ask them their opinion on that matter: although I still believe I was at fault, it would be interesting to learn more about those laws.<\/p>\n<blockquote>\n<p>The Tokyo Metropolitan Government sponsors various counseling services where you can talk to lawyers and counselors regarding traffic accidents.<br \/> Problems related to compensation (for both the party at fault and the victim), out-of-court settlements, and correct insurance procedures are addressed.<\/p>\n<p>(in Japanese)<br \/> <strong>Hours:<\/strong> Monday through Friday from 9:00 a.m. to 12:00 noon, 1:00 to 4:00 p.m.  (in person consultation); 9:00 a.m. to 5:00 p.m. (telephone consultation)<br \/> <strong>Closed:<\/strong> Saturdays, Sundays and national holidays.<br \/> <strong>Tel:<\/strong> 03-5320-7733<\/p>\n<p> An English speaking person can be reached at: 03-5321-1111 <\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>While I was riding home earlier this evening, I had to cross a busy street so I waited that all the cars were still, waiting [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-162","post","type-post","status-publish","format-standard","hentry","category-journal"],"_links":{"self":[{"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/posts\/162","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/comments?post=162"}],"version-history":[{"count":0,"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/posts\/162\/revisions"}],"wp:attachment":[{"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/media?parent=162"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/categories?post=162"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/shiromi.com\/blog\/wp-json\/wp\/v2\/tags?post=162"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}