Driver Liability in Pedestrian Accident Case
France (FR)
Synthèse Legislator
Généré par l'IAA person driving a vehicle and striking a pedestrian on a public road, even if the pedestrian was crossing outside a marked crosswalk, is presumed liable for the resulting damages unless they can prove they were not at fault or that the accident was caused by an external, irresistible force or the fault of the victim; the trial court erred by not finding that the pedestrian's mere presence on the road, without any further specific fault established, was sufficient to exonerate the driver from the presumed liability arising from the operation of the vehicle, and thus the decision was quashed for insufficient reasoning regarding the application of the relevant traffic and liability statutes.
Regeste Legislator
Généré par l'IADriver Liability in Pedestrian Accident Case: A person driving a vehicle and striking a pedestrian on a public road, even if the pedestrian was crossing outside a marked crosswalk, is presumed liable for the resulting damages unless they can prove they were not at fault or that the accident was caused by an external, irresistible force or the fault of the victim; the trial court erred by not finding that the pedestrian's mere presence on the road, without any further specific fault established, was sufficient to exonerate the driver from the presumed liability arising from the operation of the vehicle, and thus the decision was quashed for insufficient reasoning regarding the application of the relevant traffic and liability statutes.