Dubai driver confuses brakes with accelerator, kills woman

Dubai: An Asian driver has been fined Dh10,000, had his driving license suspended for six months, and ordered to pay Dh200,000 in diya or blood money after fatally striking a woman when he mistakenly pressed the accelerator instead of the brake.

The incident occurred when the driver lost control of his vehicle, mounted the sidewalk, and hit the victim, an Asian woman, who had been waiting at a designated bus stop. She died from her injuries.

The Dubai Public Prosecution charged the man with reckless driving, and the traffic court convicted him, issuing the penalties and ruling that the mandatory blood money be paid to the victim’s heirs. The verdict became final after the deadline for appeal expired.

The victim’s family filed a civil lawsuit against the driver, his employer, and the insurance company, demanding Dh500,000 in compensation for financial, emotional, and psychological damages, with an additional 12 percent interest accruing from the date of the claim.

They argued that the deceased had been their sole breadwinner, and that her sudden death caused severe economic and personal hardship.

The defendants appeared before the Dubai civil court and sought dismissal of the claim, arguing that the matter had already been settled in criminal proceedings.

But the court, after reviewing evidence including certified documentation from the Public Prosecution confirming the finality of the criminal judgment, concluded that the civil claim was valid.

In its judgment, the court emphasized that under UAE law, civil courts are bound by the findings of criminal courts when they have definitively ruled on the facts of a case.

Since the criminal court had already determined the driver’s liability and issued its ruling, the civil court said it was required to accept those findings as the basis for assessing damages.

The judges further noted that Emirati jurisprudence obligates insurers to cover damages caused by their policyholders, including both blood money and additional compensation, when negligence results in the death of a third party. 

The court highlighted that compensation is warranted when it is proven that the deceased was supporting dependents at the time of death, and when there was a reasonable expectation that such support would have continued.

The court ruled that while the claim for half a million dirhams was excessive, the heirs were entitled to Dh50,000 in additional compensation for the material and moral damages suffered.

This sum, the judges said, was justified in light of evidence showing that the deceased had been the sole provider for her family.