The family of a motorcyclist who died after hitting a pothole on Lido Road is weighing legal action against authorities, with a lawyer now actively pursuing a case on the matter. 

Sources with knowledge of the matter told BorneoVox that the legal process is in motion. 

“Yes, we have heard that a lawyer is in the midst of trying to pick up the case,” said one source, requesting anonymity.

The fatal accident, which happened along Lido Road—believed to be under federal jurisdiction—has put a spotlight on government accountability for road maintenance. 

The case is shaping up to be a major test of whether authorities can be held liable for failing to fix hazardous road conditions.

Malaysia has seen successful legal battles in similar incidents. 

In 2015, the Court of Appeal ruled against the Public Works Department (JKR) in Raymond Cheah Soon Sing v. Government of Malaysia, awarding damages to a motorcyclist injured by a pothole. 

Another case in 2014 saw a Pakistani national win RM48,700 in damages after the Shah Alam High Court found the government negligent.

In 2020, Kuala Lumpur City Hall (DBKL) settled with a food delivery rider who crashed due to a pothole, prompting the Works Ministry to acknowledge responsibility for road safety.

The family is expected to hold further discussions with their legal counsel before deciding their next move.

Authorities have yet to comment on the matter. 

Legal experts say the case could test the limits of government accountability in road maintenance, particularly under Malaysia’s Government Proceedings Act 1956, which allows legal action against public authorities for negligence.

While lawsuits over pothole-related accidents have been filed in the past, few have involved fatal cases that could set a stronger legal precedent.

In similar cases, Malaysian courts have ruled in favor of victims, including a 2015 Court of Appeal decision that held the Public Works Department (JKR) liable for failing to repair potholes that caused a motorcyclist’s injuries.

The case also raises broader questions about whether motorists should be entitled to compensation for road tax payments if authorities fail to ensure safe driving conditions.

Some legal professionals argue that traffic summonses issued in hazardous road conditions—such as speeding violations on roads with poorly marked potholes—could also be challenged in court.

The family’s legal team is expected to study these precedents before deciding on their next course of action. – February 9, 2025