Motorist Liability and Pedestrian Contributory Negligence in Traffic Accident
France (FR)
Synthèse Legislator
Généré par l'IAA motorist, driving on a public road, struck and injured a pedestrian who was unlawfully standing on the roadway near a stationary vehicle in violation of traffic regulations concerning the placement and visibility of standing vehicles. The Court of Cassation partially overturned the lower court's decision, ruling that while the pedestrian's unlawful presence and failure to maintain visibility constituted a fault under the general rule of civil liability, the motorist, even if legally compliant, was still subject to the special liability regime established by the 1958 law concerning road traffic accidents, which imposes an obligation to compensate the victim unless the accident was caused by an external, irresistible, and unforeseeable event, or by the victim's own fault that was the exclusive cause of the damage.
Regeste Legislator
Généré par l'IAMotorist Liability and Pedestrian Contributory Negligence in Traffic Accident: The Court of Cassation partially overturned the lower court's decision, ruling that while the pedestrian's unlawful presence and failure to maintain visibility constituted a fault under the general rule of civil liability, the motorist, even if legally compliant, was still subject to the special liability regime established by the 1958 law concerning road traffic accidents, which imposes an obligation to compensate the victim unless the accident was caused by an external, irresistible, and unforeseeable event, or by the victim's own fault that was the exclusive cause of the damage.