Chapter: Introduction to law (Malaysian Legal Systerm)

What do you think? (1)

Question:

When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.
- Is Ryan liable under civil or criminal law?
- Should this case go to court, what will be Ryan’s right?
-What should the pedestrian do to recover his injuries/loss?

Answer:
In this case, Ryan is liable under criminal law because it is illegal to use the mobile phone to communicate without the use of hands-free device. Hence, he is said to be offences against the state. Since he is charged under criminal law, this case should go to court. Ryan’s has the right to hire his own lawyer to defend him. Meanwhile, in order for pedestrian to recover his injuries or loss, he should propose his loss of income or assets due to the injuries and the occurrence of the accident caused by Ryan. From then, the Court will decide the extent of compensation that Ryan should liable of.