Witch Hunt ...
30/06/2007 18:11 Filed in:
Mumblings
A driver in Zurich hit an eight year old child in
Mai 2002, injuring the child seriously.
The child had jumped directly into his path from
behind a hedge.
He was charged with speeding (he was travelling at
53 kmh in a 50 kmh zone) and bodily injury caused
by negligence.
He was acquitted of the injury charges and fined
CHF 100 for 'minimal' speeding.
The court ruling resulted in indignation and
outrage:
'The driver couldn't expect a child to jump
directly in front of his vehicle - the child had
caused the accident.'
The case was back in court last December and the
outcome, confirmed by the appeal courts this week,
was even more of a surprise:
The driver was sentenced to two months imprisonment
(conditional) for grievous bodily injury caused by
negligence and is to bear all costs incurred by the
accident.
The reason:
The driver was familiar with the road and had to
reckon with a child jumping from behind a hedge. He
should, therefore, have matched his speed to the
situation - in this case 30 kmh. He was, therefore,
driving recklessly in the given situation.
The child was in no way to blame.
To my mind this is quite absurd.
While I do not condone the running down of
children, neither do I condone the use of two
measures.
The driver, being familiar with the road, was
driving recklessly at 50 kmh.
A driver who is unfamiliar with the road is allowed
to rely on it being safe to follow the signs.
Have you ever driven behind a vehicle that, for no
visible reason, is travelling at 'half' the speed
allowed?
I know that I have and - being late for an
appointment - I nearly went nuts behind my steering
wheel!
What on earth are road signs and speed limits for,
if I am not allowed to rely on them?
The person responsible for the accident, was the
one that had the signs put there in the first
place!