Legislator Case Law & Legislation
XI W 221/15 AI generated

Court acquits bus driver of traffic offense due to unforeseeable wind gust causing unexpected barrier movement.

Case Number XI W 221/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court acquitted the bus driver of a traffic violation for endangering road safety after finding he acted with due care. Although the driver hit a damaged height limit post, the court determined the sudden, strong wind gust was an unforeseeable event that prevented safe avoidance. Consequently, the prosecution failed to prove the driver neglected necessary caution, and state costs were assigned to the defendant.

Legislator headnote

AI generated

Art. 3 ust. 1 P; Art. 86 § 1 kw Prawo o ruchu drogowym: A driver is not liable for endangering road safety if the accident results from an unforeseeable and unavoidable event, such as a sudden strong wind causing a barrier to swing unexpectedly, provided the driver acted with due care.

Keywords

AI generated
traffic violation unforeseeable event due care standard road safety bus driver liability wind gust accident acquittal

Cited Legislation

AI generated
art. 3 ust. 1 P
art. 86 § 1 kw
ustawa z dnia 20.06.1997 r. Prawo o ruchu drogowym
art. 118 § 2 k.p.w.

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