Liability of the pedestrian in case of a road accident
According to the Italian Codice della Strada (equivalent to the Highway Code), the pedestrian is required to behave with diligence and prudence while crossing and to comply with the rules set forth not to be an obstacle and a road danger.
If the pedestrian infringes these rules of conduct, in fact, he may be also considered liable for the accident in which he is a victim. According to the Italian Supreme Court, a pedestrian, who crosses the road far away from the zebra crossing and behaves imprudently, may be held liable together with the car driver.
In particular, the case analyzed involves a driver condemned for manslaughter for having run over a pedestrian, who died afterwards in the hospital. The pedestrian crossed the street, at night several and he was meters away from the zebra crossing, as proven by safety cameras. The Supreme Court, therefore, ruled that the pedestrian endangered the safety of his own person as well as of the other road users.
Therefore, the principle coming out from the jurisprudence is that the lack of diligence and the lack of prudence of pedestrians led to a partial liability for the road accident.
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