According to the decision the woman, aged 83, was responsible for the accident by 30%, as was also the motorbike driver, by 70%.
The accident took place on May 2003 at 9:45 pm in a central street in Alexandroupoli. The 83yo attempted to cross the road vertically, off the crossing, while moving through parked cars.
Meanwhile, a motorbike was passing at
that time. The driver, without a license (!), noticed the woman, slowed down and maneuvered. Even so, he injured her. The 83yo suffered serious head trauma.
She underwent surgery but showed symptoms of breathlessness and poor oxygenation and was transferred urgently to a cardiac clinic, where she received a tracheotomy for mechanical support. After a while, her health improved, but then there was further deterioration and she was taken back to mechanical support. Finally, in early July 2003, the 83yo passed away.
Areios Pagos ruled that the accident was caused by the driver «who, by negligence, i.e. lack of the necessary attention, which he should and could have in this case, lacking the required driver's license, did not ride with constantly focused attention, nor had the necessary control and supervision over his vehicle…».
Contributory fault however, «at a rate of 30%, has been ruled in the case the pedestrian who, even though she was obligated to use the pedestrian crossing in order to cross the road with safely, moved in an incautious manner and off the crossing, incorrectly estimating that she had time to cross the road».
PROTO THEMA
http://www.protothema.gr/news-in-english/article/?aid=98350
