Like most legal systems around the world, the Japanese civil code imposes a duty of reasonable behavior on its citizens. Therefore, anyone who intentionally or negligently infringes the rights of others must compensate the injured party for their damage. This wide-ranging law covers a variety of situations and it is the main law used to enforce liability in traffic accidents and bicycle accidents.
The standard that courts will judge a person’s actions by is whether or not the accused party was exercising “reasonable care.” For a car accident, things that a court might consider are whether the person was speeding, ignoring a traffic signal or driving while intoxicated. All of these behaviors would indicate a lack of reasonable care and give rise to liability for negligence.
If you have any questions about filing a lawsuit in Japan, please contact our office for a legal consultation.