JURITEXT000006955013 Généré par l'IA

Motorist's Minor Fault Not Proximate Cause of Collision with Jaywalking Pedestrian

Numéro de cause JURITEXT000006955013

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-10

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A motorist, driving at excessive speed and ignoring a stop sign, struck a pedestrian crossing the road, causing serious injuries, and the lower court determined that the pedestrian was entirely at fault for the accident, leading to a judgment absolving the driver from civil liability. The high court upheld this decision, reasoning that while the driver's excessive speed and failure to stop constituted infractions, the pedestrian's sudden and unpredictable entry into the roadway without regard for traffic, which was the primary and decisive cause of the collision, broke the chain of causation stemming from the driver's minor fault, justifying the complete exoneration of the driver.

Regeste Legislator

Généré par l'IA

Motorist's Minor Fault Not Proximate Cause of Collision with Jaywalking Pedestrian: The high court upheld this decision, reasoning that while the driver's excessive speed and failure to stop constituted infractions, the pedestrian's sudden and unpredictable entry into the roadway without regard for traffic, which was the primary and decisive cause of the collision, broke the chain of causation stemming from the driver's minor fault, justifying the complete exoneration of the driver.