Fatal Accident on Roadway: Sole Fault of Striking Driver

A driver, having left his vehicle momentarily to retrieve an object that had fallen near the center line of a two-way road at night, was struck and killed by another motorist who failed to slow down despite visibility issues, leading the decedent's survivors to seek damages against the second driver. The Court of Cassation overturned the lower court's decision, reasoning that while the deceased driver was positioned on the roadway, the circumstances, including the darkness and the brief nature of his stop to recover a fallen item, indicated that the fatal accident was solely attributable to the fault of the striking driver who failed to exercise the necessary prudence and maintain a safe speed given the conditions, thus not allowing for a finding of contributory negligence by the deceased.