Police escort rider had higher duty of care, court rules
KUALA LUMPUR: A police escort rider had a higher duty to anticipate emergency situations and panic reactions from other road users while performing traffic-control duties, the Kota Tinggi Magistrates’ Court in Johor ruled.
KUALA LUMPUR: A police escort rider in Malaysia was found to have had a higher duty of care compared to the motorcyclist he was escorting, according to a recent ruling by the Kota Tinggi Magistrates Court. The court stated that while police officers have specific duties and powers under Sections 19 and 20 of the Police Act, these do not absolve them from exercising due diligence and taking reasonable precautions to prevent accidents.
The accident in question occurred in January 2021, when a convoy was being escorted by police motorcycle rider Wan Mohamad Husaini Wan Mat. The motorcyclist, Ahmad Ridzwan Sri Abdullah, swerved to avoid a lorry that had suddenly stopped in front of him, but failed to ensure the path was clear before proceeding. Husaini, who was operating the escort motorcycle, did not take evasive action to prevent the collision.
The court found that Husaini was aware of the potential for unexpected obstacles or situations in the area, and that his failure to exercise higher vigilance contributed significantly to the accident. Ridzwan was awarded RM70,000 in general damages for injuries sustained in the collision, while the defendants were held 80% liable for the accident.
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