Pedestrian vs. Driver: Unavoidable Accident Doctrine
France (FR)
Synthèse Legislator
Généré par l'IAA driver, operating a vehicle with permission, collided with a pedestrian after the pedestrian stepped onto the roadway from behind a parked vehicle, and the driver, who was unable to stop in time despite driving at a reasonable speed, was sued for damages. The court rejected the appeal, affirming the lower court's finding that while the driver was operating the vehicle, the collision was exclusively caused by the sudden and unexpected intrusion of the pedestrian into the path of the automobile, thereby absolving the driver of liability as the accident resulted from an unavoidable event that could not have been reasonably foreseen or prevented.
Regeste Legislator
Généré par l'IAPedestrian vs. Driver: Unavoidable Accident Doctrine: The court rejected the appeal, affirming the lower court's finding that while the driver was operating the vehicle, the collision was exclusively caused by the sudden and unexpected intrusion of the pedestrian into the path of the automobile, thereby absolving the driver of liability as the accident resulted from an unavoidable event that could not have been reasonably foreseen or prevented.