Pedestrian Struck by Vehicle: No Liability for Driver
France (FR)
Synthèse Legislator
Généré par l'IAA plaintiff sought recovery for injuries sustained when a moving vehicle, which the defendant was operating, struck the plaintiff, a pedestrian, on a public road, asserting the driver's negligence in failing to maintain proper lookout. The Court of Cassation upheld the lower court's decision denying recovery, reasoning that while the mere fact of a collision involving a moving object does not automatically establish fault on the part of the object's operator, the evidence presented demonstrated that the pedestrian was entirely responsible for the accident by unexpectedly stepping onto the roadway, thus precluding any finding of negligence against the driver.
Regeste Legislator
Généré par l'IAPedestrian Struck by Vehicle: No Liability for Driver: The Court of Cassation upheld the lower court's decision denying recovery, reasoning that while the mere fact of a collision involving a moving object does not automatically establish fault on the part of the object's operator, the evidence presented demonstrated that the pedestrian was entirely responsible for the accident by unexpectedly stepping onto the roadway, thus precluding any finding of negligence against the driver.