The recent bus crash that claimed the lives of 15 Universiti Pendidikan Sultan Idris students has left many Malaysians asking: who is responsible? Was this just a terrible accident, or did someone fail to do their job properly?
The individuals responsible will likely face criminal charges. If found guilty, they could be sent to prison. On the other hand, the families of the deceased or other passengers in the bus could file civil suits, claiming compensation for their suffering.
In the case of civil suits, the law looks at whether the driver or the bus company was negligent. In simple terms, “negligence” means not being careful enough. If someone has a responsibility to keep another person safe (like a bus driver or operator does with passengers) and fails to do so, that can be considered negligence under Malaysian law.
To hold someone legally responsible for negligence, 4 things need to be proven.
First, the person (or company) must have had a duty to keep another person safe. Second, there must be a breach of that duty, such as speeding, not maintaining the vehicle, or driving recklessly. Third, this careless behaviour must have caused the accident. And finally, there must be actual harm or loss, such as injuries, death, or emotional suffering.
Many questions will need to be considered to properly identify the negligent party. Why was the bus speeding on a dark road? Was the bus properly serviced and maintained by? What caused the bus driver to lose control? Could he have prevented the crash? Were the brakes properly functioning? Were there mechanical failures that caused the accident? Had the driver been working long hours without rest? Considering the road was dark, did the bus driver take additional precautions? If any of these things were ignored, the law may find that someone was at fault.
Sometimes, the public wonders: what if the driver had a bad history, like previous traffic offences or a criminal record? Can that be used in court? In Malaysia, the law generally does not allow someone’s past record to be used to prove they acted wrongly this time[1]. This is to ensure everyone is judged fairly based on the current case—not past mistakes. However, if there is a clear pattern of the same kind of dangerous behaviour, the court may consider it only if it directly relates to the present situation.
It’s also important to understand that not every accident is someone’s fault. Sometimes, a “freak accident” happens—something completely unexpected, like mechanical failure no one could have predicted. If the bus company and driver did everything they were supposed to do to keep passengers safe, they would not be found to have been negligent.
Still, when lives are lost, the families and the public deserve answers. The legal system is there to make sure that if someone was careless, they are held accountable. But it also protects people from being blamed for something they truly couldn’t have prevented.
In the end, the law asks a simple but serious question: could this have been avoided if reasonable care had been taken? If the answer is yes, then justice must follow.
[1] S. 52, Evidence Act 1950
About the Author
Sahain is a Senior Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
Disclaimer: This post is not intended as a solicitation, is not legal advice, and is not a substitute for obtaining legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.
