The conduct of the pedestrian invested that circles on foot, at night time, road devoid of lighting, without reflective vest and in the wrong direction, cannot be regarded as foreseeable by the motorist investor. And 'what emerges from the judgment of the Fourth Chamber of the Criminal Court of Cassation of 30 August 2016.
The event saw a man at the wheel of his car, hit a pedestrian who, during the night and no reflective clothing, proceeded in the same direction of travel. According to the judges of merit, however, the responsibility was attributed to the motorist who had not adapted their driving behavior to road conditions, devoid of adequate lighting, a speed kept failing commensurate with those conditions, such as to maintain control of the vehicle and anticipate all dangerous situations.
As a general principle, the fault is defined as a lack of the event will be accompanied by the ability to observe a certain pre-trial rule, the concrete possibility of requiring compliance with that rule, and the collectability of the required behavior.
As obvious, for there to be liability in negligence is required, first, the event causation that the rule intended to prevent and, secondly, that the appropriate conduct, if held, would have avoided the event.
As evidenced by the case law, with reference to pre-trial adjustment of speed to environmental conditions rule, it must be the need to take into account the elements of space and time, having to evaluate, in practice, whether drivers have had any chance of avoid the left.
In this case, the judges were asked to verify whether, in the concrete conditions, the conduct of the victim who circulated on the country road, in night time, in the street devoid of retro reflective vest without illumination, it was foreseeable by the motorist.
Relates exclusively to the events that fall within the scope and predictability of the behavior of the pedestrian who proceeds in a suburban road, in the dark, without retro reflective jacket, it constitutes conduct that well may escape from such predictability sphere.