If you were in an accident with a pedestrian,
first pin down the location and the signal status

What the pedestrian protection duty requires

Article 27(1) of the Road Traffic Act requires that when a pedestrian is crossing or appears to be about to cross a crosswalk, the driver must stop temporarily before the crosswalk (at the stop line, if there is one) so as not to obstruct or threaten the pedestrian. The same applies when turning right. An accident caused by violating this duty is treated as a serious-fault accident under Article 3(2)6 of the Traffic Accident Settlement Act.

First, check whether it is really a crosswalk accident

• Where the accident happened · We check whether it was inside the crosswalk or several meters away. Case law in principle does not include accidents outside the crosswalk in this category, even if near it.
• The pedestrian signal · If the accident involved someone crossing against a red pedestrian signal, it may not be a breach of the protection duty (though other driver faults, such as running a signal, are examined separately).
• The pedestrian's status · An accident after the person had finished crossing and stepped onto the sidewalk, or one involving someone riding a bicycle across the crosswalk, may be assessed differently.
• Whether there was actual contact · We check whether the car was stopped and the pedestrian fell out of fright. Using dashcam and CCTV footage, we reconstruct when the car stopped and its distance from the pedestrian.

Be careful with accidents while turning right

Collisions with pedestrians on a crosswalk while turning right at an intersection are common. At the crosswalk right after a right turn, you must stop if a pedestrian is crossing or about to cross. Such accidents are almost always assessed as a breach of the protection duty, so prepare settlement and sentencing materials promptly.

Preparing to reduce the penalty

1. Secure footageCollect the dashcam footage, nearby CCTV, and signal cycle data to pin down the accident location and signal status.
2. Repair the harmPursue a criminal settlement covering medical costs and compensation for distress, and if that is difficult, consider a deposit with the court.
3. Organize sentencing materialsDocument an accident-free driving record, a job that requires driving, and conscientious conduct after the accident such as giving aid and visiting the hospital.

Frequently Asked Questions

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026