Drunk driver run over: Zurich court acquits driver
Published: Tuesday, Dec 5th 2023, 17:40
Updated At: Tuesday, Dec 5th 2023, 17:40
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A 29-year-old man ran over a drunk woman lying in the street with his car in the city of Zurich one night in December 2021. The Zurich District Court has now acquitted him of the charge of involuntary manslaughter on Tuesday.
It is inconceivable what happened that night almost exactly two years ago, the accused told the Zurich District Court on Tuesday. He wished that he had taken a different route to his girlfriend back then.
Because it was on his chosen route that the accident occurred: at around 10.20 p.m., he ran over a woman on the straight Wallisellerstrasse in Schwamendingen. The 28-year-old woman, who had a blood alcohol level of 3.05 and was high on cannabis, had either laid down on the road after an argument with her partner for unknown reasons or had collapsed unconscious there. She died at the scene.
"He could have stopped"
For the prosecution and the lawyer for the victim's family, it was clear that the driver had breached his duty of care that night. The woman had not suddenly jumped onto the road, the lawyer argued in court. The driver should have seen the motionless woman lying on the well-lit road.
However, the driver must have been distracted or at least not looking at the road. "If he had been paying enough attention, he could have stopped and avoided the accident."
The public prosecutor therefore demanded a conviction for involuntary manslaughter. They requested a fine of 80 daily rates of CHF 120 each, conditionally suspended for a probationary period of two years.
"Woman dressed in dark clothes was invisible"
However, the defense lawyer for the driver, who did not wish to comment further on the accident in court, demanded an acquittal. The woman, dressed in dark clothing and with dark hair, had not been visible at all on that rainy night.
During his interrogation, her client also stated that he had suddenly seen a white object and had therefore initiated an evasive maneuver. This indicated that he had only seen a hand or a piece of jewelry, but not the outline of the woman.
In addition, he was only driving at 40 km/h in the 50 km/h zone, which was appropriate. The 29-year-old did not have to expect a person lying in the middle of the road.
No breach of the duty of care
This was also the view of the single judge in charge, who came to an acquittal. In road traffic, everyone is entitled to trust that others will behave properly, he stated in the oral reasons for the verdict.
At that point without a crosswalk, cyclists and motorists would not have to expect many pedestrians in the middle of the night, especially not lying down. In this situation, unlike near a school at 9 o'clock in the morning, there is no need to slow down or be constantly ready to brake.
The judge went on to say that there was no evidence of a breach of duty of care - for example due to a possible distraction. In addition, much remained unclear, such as how the woman got onto the road and how long she had been lying there. With her behavior, even if she was heavily drunk and stoned, she had also acted in a highly self-harming manner.
The judgment is not yet legally binding. It may be appealed to the Zurich High Court.
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