MOTOR VEHICLE ACCIDENT CASES For a greater understanding of the parties' liability in relation to car accidents, I would like to discuss three different car accident cases in Malaysia. For each case, three elements will be identified, namely fact of the case, court judged and reason. First Case: Peter A/L Selvaraj & Anor V Cheng Bee Teik & Ors [2002] 4 MLJ 167 Facts of the Case: This negligent road traffic accident case involves a collision between two motorcycles and a van. This is a Sessions Court appeal case concerning the apportionment of liability for both parties. The first plaintiff was the rider of the motorcycle and the second plaintiff was the grandmother and dependent of the deceased passenger of the motorcycle. The third plaintiff was the father and dependent of the deceased motorcyclist. The first and second defendants were the driver and owner of the van respectively. On 23 December 1998 at about 11.45pm, the first plaintiff with his passenger and the second plaintiff were riding their respective motorcycles along Jalan Paya Terubong proceeding from the direction of Ayer Itam towards the direction of Relau. The first accused then proceeded in the opposite direction. The contention put forward by the plaintiffs was that the first defendant overtook a vehicle in front of him and encroached into the path of the plaintiffs and collided with both the motorcycles. The defense argued that the collision occurred because both motorcyclists, while racing each other, invaded the first defendant's road from the opposite direction and then crossed a double line in the center of the road. The judge of the Court of Appeal found the first defendant fully responsible for the incident. The evidence established that the first plaintiff could not avoid the collision when the defendant swerved to the right across the street, into the path of the motorcycle driven by the first plaintiff, to enter the intersection. The trial judge had misinterpreted the facts. The trial judge had erred in finding that the first plaintiff was 30% liable to the second plaintiff. A passenger has the right to recover the full amount of damages against a tortfeasor who. The passenger is entitled to the full amount of the damage despite the fact that the rider of the motorcycle and the driver of the car are equally culpable. In this case, the second plaintiff was an "innocent passenger" and was entitled to 100% compensation. He could not, as a passenger, be held vicariously liable for the contributory negligence of the first plaintiff