According to the Supreme Court, the liability of the motorist guilty of an accident is mitigated if the victim proceeded with the other vehicle involved at excessive speed
Road killing severely punishes driving behaviors that cause the death of other road users, a risky overdo or out-of-the-law behavior is enough to trigger the crime. With regard to the evaluation of the sentence, however, the behavior of the victim is also evaluated and, without prejudice to the fault, the sentence can be mitigated if the counterpart also drove beyond the limits prescribed by the Highway Code. Following this logic, the Supreme Court reduced the sentence to a motorist who had caused the death of the passenger of a motorcycle whose driver had implemented a maneuver deemed dangerous.
the accident
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In the case in question, which took place in Campania, a motorist had caused an accident with fatal consequences by exceeding the center line with imprudence during a left turn maneuver. In the event in question, a motorcyclist, who came at high speed from an alley, had performed a sudden maneuver, braking abruptly to avoid the collision, a maneuver that had caused the passenger to fall on the two-wheeler with consequent injuries which resulted later lethal. The Court of Cassation, Criminal Section IV, with sentence number 29052 of 22 July 2022 established that, in the assessment of responsibilities, the predictability of the imprudent conduct of the other party must be taken into consideration.
the criterion of predictability
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The Ermellini pointed out: “The criterion of predictability concretely takes the form of the assumption that predictability not only defines in the abstract the conformation of the risk protected by the standard, but must also be compared to the different classes of model agents and to all the specifications. contingencies of the concrete case “, as already expressed by sentence no. 38343 of 2014 of the United Sections of the Cassation.
03 September 2022 – 19:00
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