Concurrent Fault in Fatal Highway Collision

A motorist, while driving at an excessive speed on a road where overtaking was prohibited, collided with a vehicle traveling in the opposite direction that had suddenly veered to the left to avoid an obstruction, resulting in a fatality. The Court of Cassation quashed the lower court's decision which had solely attributed civil liability to the driver who encroached on the wrong side of the road, reasoning that while the initial cause of the accident was the lateral deviation, the excessive speed and breach of the no-passing rule by the other driver constituted concurrent fault that required apportionment of liability, as the accident would likely not have occurred or would have been less severe had the opposing driver been complying with speed and passing regulations.