Failure to Stop Yields Liability Despite Contributory Speeding
France (FR)
Synthèse Legislator
Généré par l'IAA motorist, failing to observe a traffic regulation requiring a full stop at an intersection, collided with a vehicle approaching from the right, which, although it was speeding, was legally entitled to the right of way; the court upheld the lower court's finding that the direct cause of the accident was the initial violation of the obligation to stop, thus holding the non-compliant driver solely responsible for the damages, despite the other driver's excessive speed being a contributing, though secondary, factor.
Regeste Legislator
Généré par l'IAFailure to Stop Yields Liability Despite Contributory Speeding: A motorist, failing to observe a traffic regulation requiring a full stop at an intersection, collided with a vehicle approaching from the right, which, although it was speeding, was legally entitled to the right of way; the court upheld the lower court's finding that the direct cause of the accident was the initial violation of the obligation to stop, thus holding the non-compliant driver solely responsible for the damages, despite the other driver's excessive speed being a contributing, though secondary, factor.