Motorcyclist Seeks Compensation From LTA & NParks For Collision With Deer
While deers might not be a common sight in Singapore, they are certainly a part of the diverse wildlife on our shores.
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Back in Sep 2019, a motorcyclist met with a bizarre accident after colliding into a deer that dashed across Upper Thomson Road.
The motorcyclist suffered extensive injuries and is now seeking damages from the Land Transport Authority (LTA) and National Parks (NParks).
Motorcyclists hits deer at Upper Thomson Road
On 21 Sep 2019, at around 9.45pm, the motorcyclist, Mr Aliff, was riding along Upper Thomson Road when he hit a large sambar deer.
According to The Straits Times (ST), he claimed that the deer had dashed across the road, resulting in the collision.
Mr Aliff suffered head, shoulder, and leg injuries from the accident.
The deer retreated back to the forest after the collision and could not be found.
Motorcyclist sues LTA & NParks
In October, the 26-year-old motorcyclist filed a lawsuit against LTA and NParks for negligence.
Mr Aliff believes that both statutory boards could be held responsible as LTA is in charge of maintaining the land transport system while NParks oversees wildlife and animal matters.
Both should have been aware of the animal presence in the area and the dangers they pose to motorists.
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Mr Aliff’s lawyer also stated that LTA’s job of road management and maintenance includes preventing encroachment by wildlife that could endanger road users.
According to ST, he alleged that LTA failed to take precautionary measures. NParks also failed to take reasonable steps to ensure animals, particularly large ones, do not stray from nature reserves.
The disgruntled motorcyclist is seeking compensation for the cost of his medical treatment, loss of earnings, as well as pain and suffering.
LTA & NParks deny claims
Both LTA and NParks have denied these claims filed in October.
They countered that Mr Aliff was at fault for the accident, reported ST.
In defence papers, LTA stated that their primary responsibility lies in development and management of our land transport infrastructure and systems.
This does not, and cannot reasonably, extend to knowing and controlling movements of wild animals, let alone steering them away from roads.
Their lawyers also added that precautionary signs are installed at Upper Thomson Road that warn of “Animals Ahead”.
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Notably, there was one such sign before the alleged site of the accident.
LTA says that road users like Mr Aliff should have known the possibility of animals crossing in the area.
Similarly, NParks claims that its responsibilities lie in managing the local animal population and does not extend to management of animals and wildlife.
NParks’ lawyers also said in court papers that they have taken adequate measures to prevent threats or risks to public safety.
The number of sambar deers in the Upper Thomson area has also been found to be reasonable and manageable.
Hope lawsuit clarifies who is legally liable in such accidents
Legal proceedings for this court case is still ongoing.
The lawsuit was brought up in court amidst growing concern of wild animals encroaching into public spaces. This is especially after a wild boar attacked a woman in Pasir Ris on 17 Nov.
State Courts hopes the lawsuit will help gain clarity on who is legally liable in such accidents involving a wild animal.
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