Accident While Illegally Driving In The Emergency Lane - Who Is At Fault?

Most Malaysians are aware that the emergency lane is meant for just that - emergencies. Priority is given to emergency vehicles (the ambulance, police cars and fire trucks) so that the vehicles can reach the scene of the incident on time.

accident while illegally driving in the emergency lane - who is at fault?Photo via Nine News

Motorists experiencing difficulties with their vehicles are also allowed to pull over to this lane.

Illegally driving in the emergency lane is already an offence in itself, under Rule 53(1) of the Road Traffic Rules 1959. This is punishable with a fine of up to RM2,000 or up to six months in jail.

However, what’s the verdict if you hit another vehicle while both of you are driving in the emergency lane?

accident while illegally driving in the emergency lane - who is at fault?Photo via MalayMail

First off, both of you will probably get a fine from the authorities for driving in the emergency lane.

In terms of compensation, it depends as the accidents would be assessed on a case-by-case basis. According to AskLegal, the driver might not be entitled to protection of the law, as they had already broken the law by driving in the wrong lane.

The outcome will turn based on the unique facts to each case, and it’s up to the court to decide upon it.

accident while illegally driving in the emergency lane - who is at fault?Photo via paultan

Simply put, driving in the emergency lane is breaking the law and if you get into an accident while doing so, you might not be able to get compensation for any damages.

The simple solution to avoid this issue is of course, to not drive in the emergency lane. Not only is it a nuisance to vehicles that actually are experiencing emergencies, but it is also inconsiderate to use the lane to escape the traffic jam.

Let’s always be mindful of our surroundings and practice safe driving when on the road.

By: Amy Shariffudin

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