The tragic reality in Sabah is that roads are killing people—not because of reckless driving, but because of their poor quality. For too long, the issue has been dismissed as an unfortunate consequence of bad weather, bureaucracy, or lack of funding. But let’s be clear: potholes don’t just appear overnight, and fatalities caused by them are preventable.
The recent case of a motorcyclist who died after hitting a pothole on Lido Road highlights a long-standing problem. The family is now considering legal action, and they are well within their rights to do so. Under Malaysian law, road authorities have a duty to ensure public roads are safe for use.
What the law says
While many assume that suing the government is futile, the Government Proceedings Act 1956 allows individuals to take legal action against public authorities for negligence. This means that if an agency fails to repair a road despite knowing it is hazardous, they can be held liable in court.
The Street, Drainage and Building Act 1974 further reinforces this by mandating local authorities to maintain roads under their jurisdiction. Courts have already ruled against government agencies in similar cases. In 2015, the Court of Appeal found JKR liable for injuries suffered by a motorcyclist after hitting a pothole. In 2014, a Pakistani national was awarded RM48,700 in damages when the Shah Alam High Court found the government negligent.
Why aren’t people suing?
Legal action is a valid option, but let’s be honest—it is expensive, time-consuming, and mentally exhausting. Even if a family wins a case, compensation doesn’t erase the loss of a loved one.
The bigger question is: Why isn’t the government doing more to prevent these tragedies in the first place?
Some argue that authorities fear opening the floodgates—if one family successfully sues, many others might follow. But that shouldn’t be an excuse for inaction. A government that prioritizes minimizing lawsuits over saving lives has failed in its duty.
A community awareness drive is more powerful
Legal action might hold authorities accountable, but it does not solve the root problem—years of neglect and weak enforcement in road maintenance. What Sabah needs is a larger community-driven effort to demand safe roads before more lives are lost.
Imagine if every pothole-related accident was immediately documented and reported by the public. Imagine if victims and families collectively pressured authorities for change instead of quietly settling claims. Imagine if road tax was questioned—why are people paying for safe roads when they are literally risking their lives on them?
When enough people demand accountability, governments are forced to listen.
Sabahans must stop normalizing deadly roads. We shouldn’t have to wait for another fatality before action is taken. Because if we do nothing, it’s only a matter of time before the next life is lost. – February 9, 2025
