Driver Liability Despite Recent Technical Inspection for Brake Failure

A motorist, having been convicted for involuntary homicide following a traffic accident caused by the failure of the brakes on a vehicle borrowed from a relative, appealed the decision, arguing that the defect in the brakes constituted a case of *force majeure* because the vehicle had undergone a mandatory technical inspection shortly before the accident which certified its proper functioning. The court rejected this argument, ruling that the mere existence of a recent technical inspection certificate does not discharge the driver from their obligation to ensure the proper operation of their vehicle, especially concerning critical safety elements like brakes, and therefore, the accident was attributable to a breach of the driver's duty of vigilance, precluding the application of the defense of *force majeure*.