How is fault proportion determined in traffic accidents?

What the Law Says

South Korean law does not prescribe fixed fault percentages for traffic accidents. Instead, courts and insurers assess relative negligence using statutory standards from the Civil Act and Road Traffic Act.

Fault proportion is determined under Article 762 of the Civil Act, which states that 'if the victim is also negligent, the court may reduce the amount of damages in light of the degree of negligence of each party.' This means fault is assigned case-by-case, based on comparative negligence.

Article 3-2 of the Road Traffic Act reinforces this by requiring drivers to 'exercise due care and attention to prevent harm to others,' and violations (e.g., running red lights, speeding, distracted driving) are key evidence of negligence.

There is no presumption of equal fault: a driver who violates traffic laws — such as failing to yield at an intersection or driving under the influence — will typically bear a higher proportion of fault, potentially up to 100%.

Statutory Text

If the victim is also negligent, the court may reduce the amount of damages in light of the degree of negligence of each party.

— Civil Act, Art. 762 — Liability for Damages

Statutory Text

Drivers shall exercise due care and attention to prevent harm to others.

— Road Traffic Act, Art. 3-2 — Duty of Care

What to Do

Sources