I am reminded of a phrase. Something like “accidents don’t just happen. There is a chain of events”. Also called the swiss cheese model. All the holes must line up for the light to go through. As long as something is not aligned, the accident will not happen
What people do to shirk responsibility is to look at what might not be aligned but was aligned and then say it’s not my fault. If only….
Like the SAAB. Maybe the forum if they want to say the Saab driver is innocent, say it’s not his fault. If only the Merc and bike gave way, people look left and right before moving off etc etc. even if it’s shared responsibility, the responsibility has been diverted liao.
It’s a bit like a man goes to a pub, sees a lot of sexy girls then gets horny , goes out and rapes someone and then says if only when I went to the pub people don’t dress so skimpy I won’t be horny and I won’t rape so “not my fault” or “partially must blame the crowd at the pub”
ah yes the swiss cheese model...
point to note though that the slices are supposed to represent layers of defence and I wouldn't say that the merc driver is a layer of defence.
In any case, what the saab driver did was so egregious that it is akin to taking a gun and firing at the cheese.
Now the big question is if the merc driver should shoulder some blame for the accident.
This is what the court of appeal stated in SBS Transit Ltd v Stafford Rosemary Anne Jane[2007]:
the law requires the motorist to act on the basis that there may be negligence and incompetence on the part of other road users and to make allowance for them, but without having to contemplate possibilities that are remote
So yes, the merc dricer has his part to play in keeping the roads safe. But the responsibility does not extend to contemplating possibilities that are remote (i.e. whatever happens at a traffic junction few hundred meters down the road).
In Nickson v PP [2007], CJ Menon went pretty in depth in discussing Causation in an accident.
Generally, causation consists of causation in fact and causation in law. As explained by the Court of Appeal in Sunny Metal & Engineering Pte Ltd v Ng Khim Ming Eric [2007] 3 SLR(R) 782 (“Sunny Metal”) at [52] (albeit in the context of the tort of negligence), causation in fact “is concerned with the question of whether the relation between the defendant’s breach of duty and the claimant’s damage is one of cause and effect in accordance with scientific or objective notions of physical sequence.” The test is often framed as a counterfactual and the question to be asked is this: but for a particular event (A), would the result (B) have occurred? This is referred to as the “but for test”. However, to take the but for test as the sole indicia of causation can lead one to draw absurd conclusions. The example provided in Sunny Metal (taken from Harvey McGregor, McGregor on Damages (Sweet & Maxwell, 17th Ed, 2003) at para 6-008)) is that of a mother who gives birth to a son who commits murder when he grows up. Applying the but for test, the mother may be said to be a cause of the murder because if she had not had that child, the murder would not have happened.
In the context of the offence of causing death by a rash or negligent act under s 304A of the Penal Code, it has been held that in order for liability to attach, the act must not only be the cause without which the death would not have occurred, but it must also be the causa causans, or the proximate and efficient cause of the death (see Lee Kim Leng v Regina [1964] MLJ 285 at 286C-286D). In Ng Keng Yong v Public Prosecutor and another appeal [2004] 4 SLR(R) 89 (“Ng Keng Yong”), the appellants were two officers who served on a Republic of Singapore Navy Ship (“the Navy Ship”) who were charged under s 304A of the Penal Code. It was established that certain negligent actions they took in the course of navigation resulted in a collision between the Navy Ship and a merchant vessel (“ANL”). Four crewmembers of the Navy Ship lost their lives as a result of the collision. The appellants were convicted by the district judge and appealed only against their conviction. On the facts, it was established that ANL, too, had been negligent in making a series of small alterations to its course to avoid collision, instead of making a large alteration, as was required by the International Regulations for Preventing Collisions at Sea 1972 (“Collision Regulations”).
The fact stands that the merc driver is not the proximate and efficient cause of the accident.
I've seen some comments saying that the merc driver is partly to blame because the saab driver was trying to run away and was focusing on his mirror. Which I think is complete nonsense.
Firstly, it's completely speculative. The saab driver was driving like a maniac in the first place. We don't know what really happened.
Secondly, the accident was such a remote possibility that it's simply not reasonable for the merc driver to foresee. It's just absurd to think so.