UAE: Jaywalkers 'may not be able to file case against drivers' under new law, say experts

The pedestrian may be responsible for compensating the driver for any damages incurred

Waad Barakat

Published: Tue 29 Oct 2024, 6:00 AM

Last updated: Sat 2 Nov 2024, 12:59 PM

A new UAE traffic law prohibits pedestrians from crossing roads with speed limits of 80kmph and above. Under this law, pedestrians bear any civil or criminal liability resulting from their failure to comply, meaning that jaywalkers may not be able to file complaints against drivers if they are struck by vehicles, legal experts told Khaleej Times.

Fatima Al Marzouqi, a legal expert, clarified the distinction between civil and criminal liabilities. "Civil liability relates to compensation for damages incurred, while criminal liability involves punishment for breaking the law. If a pedestrian crosses from a non-designated area, they may be held civilly liable for their injuries, meaning they cannot claim damages from the driver. At the same time, they could face criminal penalties for violating traffic regulations."

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Hassan Elhais, a legal consultant at Awatif Mohamed Shoqi Advocates and Legal Consultancy, said civil penalties include damages resulting from the accident. This means that a pedestrian may be responsible for compensating the driver for any damages.

Hassan Elhais. Photo: Supplied

Those jaywalking on roads with a speed limit of 80kmph or higher will face imprisonment of not less than three months and a fine of not less than Dh10,000. The new traffic law announced last week also specifies higher penalties for jaywalking on any road. Currently, the violation is punishable by a Dh400 penalty; however, once the new law comes into effect, jaywalkers could face imprisonment and a fine ranging from Dh5,000 to Dh10,000, if the offence results in a traffic accident.

Legal counsel Abdulrahman Al Nabhan said: “If a pedestrian crosses illegally and is hit by a vehicle, they lose the right to seek damages.”

Even if the driver is partially at fault, jaywalkers may be required to bear the majority of the liability, he added.

Al Nabhan also pointed out the concept of the “legal triangle", which examines harm, cause, and responsibility. Pedestrians crossing at non-designated areas contribute directly to their own injuries and usually cannot hold the driver accountable if the driver was obeying traffic laws. However, if a driver engages in reckless behaviour, like speeding or using a mobile phone, courts may find both parties share liability.

“For instance, if you’re driving within the speed limit and a pedestrian suddenly crosses, causing an accident, the courts may rule that you are not at fault — unless your own negligence significantly contributed to the incident,” said Al Nabhan.

Thomas Edelmann, founder and managing director of RoadSafetyUAE, said that for the effective implementation of the new law, both pedestrians and drivers must be responsible. Pedestrians should be educated on safe crossing practices, including avoiding distractions and using only designated areas. Meanwhile, motorists must adhere to traffic rules and prioritise pedestrian safety.

Recent data from the Ministry of Interior for 2023 revealed an urgent need for improved pedestrian safety measures, he said. Based on these figures, 61 fatalities in 2023 were due to run-over incidents, accounting for 16 per cent of the total 352 road fatalities. Some 892 people were also injured in major road accidents, representing 16 per cent of all reported injuries.

Edelmann added: "Infrastructure development is needed to make it easy for pedestrians to safely cross roads, such as additional pedestrian crossings and pedestrian bridges."

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