A driver in their 60s filed a lawsuit against an automobile manufacturer for damages after their vehicle experienced sudden acceleration, leading to the death of their grandson who was riding with them, but lost in the first trial. The court determined that the cause of the accident was not sudden acceleration but rather pedal misapplication.
The Chuncheon District Court's Gangneung branch, Civil Division 2 (Presiding Judge Director General Park Sang-jun), ruled in the first trial of a lawsuit seeking 920 million won in damages filed by the family of driver A against vehicle manufacturer KG Mobility (KGM, formerly Ssangyong Motor) that the plaintiffs lost.
The court stated, "It appears that the driver (A) mistook the accelerator pedal for the brake pedal and likely pressed the accelerator pedal," adding, "It is difficult to acknowledge that this incident occurred due to a defect in the vehicle's electronic control unit (ECU)."
Earlier, around 3:56 p.m. on Dec. 6, 2022, a vehicle driven by A fell into a ditch on a road in Hongje-dong, Gangneung. The accident resulted in the death of A's grandson, who was 12 years old at the time.
A and the family argued that the accident occurred because of sudden acceleration in the vehicle and filed a lawsuit against the manufacturer. During the trial, an event data recorder (EDR) analysis, black box video analysis, and a first-of-its-kind road test reenactment at the accident site were conducted.
A's side contended, "It is impossible for the driver to mistake the accelerator pedal for the brake during the approximately 30 seconds of this sudden acceleration process," claiming, "This is a typical sudden acceleration accident caused by ECU software defects."
In contrast, KGM argued A's "pedal misapplication" based on the EDR record, which indicated 'full acceleration,' and an analysis by the National Forensic Service. The National Forensic Service concluded that there were no mechanical defects and that it was possible for the vehicle's driver to have pressed the pedal, leading to the accident.
Meanwhile, it has been reported that A's family expressed their intention to appeal after the conclusion of the ruling.