On October 24, 2022, the Debrecen District Court announced a verdict in the case of the defendant who hit the victim lying on the designated pedestrian crossing with his car and then drove on without stopping.
The court found the defendant guilty of the offense of failing to provide assistance, and therefore sentenced him to 6 months in prison, the execution of which was suspended for a 2-year probationary period, and in addition banned the man from driving on the road for 2 years and 4 months.
According to the verdict, the elderly defendant was driving in downtown Debrecen at dawn on November 14, 2019. The man’s wife was traveling in the right front seat of the car, and they were both wearing their seat belts.
The accused drove his vehicle towards the intersection near one of the shopping centers on Csapó Street, Debrecen, at the speed limit of 60 km/h on that section. The traffic controller’s light signaling devices were flashing yellow, and the pedestrian traffic light signaling device was out of order. During this time, the victim wanted to cross the designated pedestrian crossing at the intersection, but in the traffic lane where the defendant was driving, he fell and tried to push himself up by hand from a horizontal position lying on his side. The accused then got there and suddenly steered to the left to avoid the victim. The maneuver was unsuccessful, the car hit the victim with the right front wheel, and the defendant continued without stopping. The victim was dressed in dark clothing, a dark cap and a dark hood pulled over his head at the time of the accident. The driver should have recognized the injured person lying on the pedestrian crossing as a human-like figure from a distance of 33.1 meters before the intersection, and therefore he was under an obligation to stop and render assistance. The 48-year-old victim suffered such serious injuries as a result of being hit that he died after being transported to the hospital.
In his expert opinion, the forensic expert firmly stated that – although within the braking distance corresponding to the assumed speed of the motor vehicle, even before the accident – it was recognized that there was a person lying on the ground. It was also noticeable that the defendant drove over the victim, as the change in the driving characteristics of the vehicle was both physically and visually detectable.
Criminal proceedings were previously initiated in the case for the misdemeanor of negligently causing a fatal road accident, which was terminated by the Hajdú-Bihar County Police Headquarters on March 24, 2021. The parties concerned filed complaints against the decision, which were rejected as groundless by the decisions of the District Prosecutor’s Office in Debrecen. Based on the findings of the public prosecutor’s office, the defendant’s culpability in criminal proceedings initiated for the misdemeanor of negligently causing a fatal road accident cannot be proved beyond doubt, therefore the investigating authority decided on grounds and in sufficient detail to terminate this part of the proceedings.
It is a fact that a designated pedestrian crossing has absolute and unconditional right-of-way from the moment he enters the roadway, but he is also subject to certain obligations in this area. Pedestrians may enter the roadway if they are convinced that it is safe, they may not enter it unexpectedly, and they must cross the roadway without delay and refrain from any behavior that could confuse or deceive vehicle drivers. By falling at the crossing, the victim put himself in such a position that he was even more difficult to detect in the limited visibility conditions from the point of view of the drivers driving on the public road. In view of this, the prosecution brought charges against the defendant for the offense of failure to render assistance.
Judge Dr. Zsolt Vágó evaluated as mitigating circumstances the fact that the accused has no criminal record, despite his old age, his traffic record is impeccable, as well as the passage of time. The court did not reveal any aggravating circumstances.
The judgment of the District Court of Debrecen is not final. The prosecutor’s office took note of the decision, while the defendant and his defense lawyer filed an appeal. The case continues at the Debrecen Court.
Court of Debrecen
