Lawyers acting for Ma Chi’s family blame crash on ‘poor traffic conditions’
Posted by temasektimes on September 20, 2012
In documents filed in High Court on Tuesday, the Ma 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 and therefore the actions of Ma Chi were ”unintended, unexpected and/or fortuitous”.
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.
A video clip which is widely circulated online showed Ma Chi’s Ferrari speeding and beating the red light before crashing into a Hyundai Sonata taxi causing the deaths of its driver Cheng Teck Hock and Japanese driver Shigemi Ito.