Motorist Liability in Pedestrian Collision
France (FR)
Synthèse Legislator
Généré par l'IAA motorist, while driving on the right side of the road, struck a pedestrian who unexpectedly stepped into the roadway from behind a parked vehicle, causing injury to the pedestrian. The lower court found the motorist liable, despite the sudden and unavoidable nature of the event. The high court quashed the decision, reasoning that the trial court failed to establish any fault on the part of the motorist, as the pedestrian's sudden entry into the path of travel from an obscured position made the collision inevitable, thereby exonerating the driver who was otherwise complying with traffic regulations.
Regeste Legislator
Généré par l'IAMotorist Liability in Pedestrian Collision: The lower court found the motorist liable, despite the sudden and unavoidable nature of the event. The high court quashed the decision, reasoning that the trial court failed to establish any fault on the part of the motorist, as the pedestrian's sudden entry into the path of travel from an obscured position made the collision inevitable, thereby exonerating the driver who was otherwise complying with traffic regulations.