Taoyuan to compensate for motorcyclist's death

In October 2007, a county resident surnamed Tsai fell from his motorcycle while riding through a typhoon after his neck was caught by a detached traffic signal cable on a provincial highway in Taoyuan's Guangyin Township.

Tsai died at age 28 after a six-month medical treatment.

His family initially sought a compensation of NT$9.02 million from the county government over its mismanagement of the public traffic system, in accordance with the Government Compensation Law.

The District Court, however, awarded the family NT$890,000 in compensation, because Tsai was deemed partially responsible for the accident, due to the fact that he was driving on the express lane.

The county government took the case to the High Court, arguing that the mishap was caused by the typhoon. Taoyuan officials added that the county government should not be held accountable for occurrences beyond human control.

In its verdict, the High Court ruled that the county government should pay Tsai's family NT$4.9 million for its neglect to maintain the traffic system, while Tsai was himself partially responsible for the accident.

After reviewing the case, the Supreme Court made the final ruling and upheld the High Court's verdict.

No appeal is allowed after the decision of the Supreme Court.

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