The Corte di Cassazione, with the recent sentence n. 2241 of 28.01.2019 decided about civil responsibility in road accidents in case of investment of a pedestrian crossing the street outside the pedestrian crossing.
Overturning the previous orientation which provided for the presumption of 100% of driver of the vehicle’s guilt, the judges of the Corte di Cassazione have ruled that the pedestrian crossing through the pedestrian crossing has the obligation to give priority to vehicles and, in the event of an investment, his behavior becomes a cause of the accident.
For the purposes of the assessment and quantification of a contest of guilt of the pedestrian invested, it is necessary to ascertain, in concrete terms, its percentage of fault and to progressively reduce the presumed one to be borne by the driver.