Driver Negligence in Pedestrian Collision
France (FR)
Synthèse Legislator
Généré par l'IAA civil liability action was brought against a driver who had negligently struck a pedestrian, causing serious injuries, where the lower court found the driver solely responsible for failing to maintain a proper lookout, a finding that the Court of Cassation upheld, reasoning that the driver's failure to observe the pedestrian, despite the pedestrian being lawfully on the roadway, constituted a breach of the duty of care required of a vehicle operator, thereby establishing the requisite fault for civil liability.
Regeste Legislator
Généré par l'IADriver Negligence in Pedestrian Collision: A civil liability action was brought against a driver who had negligently struck a pedestrian, causing serious injuries, where the lower court found the driver solely responsible for failing to maintain a proper lookout, a finding that the Court of Cassation upheld, reasoning that the driver's failure to observe the pedestrian, despite the pedestrian being lawfully on the roadway, constituted a breach of the duty of care required of a vehicle operator, thereby establishing the requisite fault for civil liability.