
The Third Court of Cassation with general jurisdiction made fundamentally important clarifications during the hearing of one of the cases. Namely, that the driver who caused the accident does not have the right to cite poor road conditions, darkness or puddles as a reason to mitigate the punishment.
As Rossiyskaya Gazeta reports, the court has taken up the case of one of the residents of Komi, who hit a pedestrian on the side of the road in the dark. He died from his injuries and the driver was eventually sent to prison for a year and a half. He tried to challenge the verdict in a higher court, as he was sure that the pedestrian was to blame – besides, the deceased, as the investigation showed, was drunk. In addition, the motorist emphasized that there was no lighting on the road and noticed the drunken citizen too late. But the cassation court rejected all his arguments.
Neither the dark time of day, nor the bad weather, nor the lack of lighting justify the driver, the judge emphasizes, as he is in any case obliged to take all factors into account. Difficult road conditions are not a reason to soften the penalty in the event of an accident, but a reason to drive slower and, above all, be careful.
“Unfavorable road conditions, namely the lack of lighting and the presence of a puddle, did not deprive the driver of the opportunity to drive the car at a speed that ensures constant traffic control,” the court emphasized.
As Rossiyskaya Gazeta reports, the court has taken up the case of one of the residents of Komi, who hit a pedestrian on the side of the road in the dark. He died from his injuries and the driver was eventually sent to prison for a year and a half. He tried to challenge the verdict in a higher court, as he was sure that the pedestrian was to blame – besides, the deceased, as the investigation showed, was drunk. In addition, the motorist emphasized that there was no lighting on the road and noticed the drunken citizen too late. But the cassation court rejected all his arguments.
Neither the dark time of day, nor the bad weather, nor the lack of lighting justify the driver, the judge emphasizes, as he is in any case obliged to take all factors into account. Difficult road conditions are not a reason to soften the penalty in the event of an accident, but a reason to drive slower and, above all, be careful.
“Unfavorable road conditions, namely the lack of lighting and the presence of a puddle, did not deprive the driver of the opportunity to drive the car at a speed that ensures constant traffic control,” the court emphasized.
Source: Avto Vzglyad
Donald Salinas is an experienced automobile journalist and writer for Div Bracket. He brings his readers the latest news and developments from the world of automobiles, offering a unique and knowledgeable perspective on the latest trends and innovations in the automotive industry.