According to the Kralada District Court report, the man was charged with failing to choose a speed close to pedestrian speed to maintain traffic safety while riding a bicycle on the right. Pedestrian and bicycle lanes where pedestrian symbols are displayed above bicycle signs, acting recklessly, he used a mobile device while driving with his hands so he did not notice pedestrians walking on the road Pedestrians and bike paths and hit her. Due to this accident, pedestrians were seriously injured.
The district court found the man guilty and sentenced him to three months in prison, suspended his sentence for one year and required him to work or Registration with the employment service during the trial is completely suspended and does not change residence without court permission. Institutions oversee the execution of sentences.
The convicted woman was paid ២ 1,277.18 in damages to property and អឺ 4,000 in damages without compensation. Fees. The Klaipėda Regional Hospital Fund was awarded 0 3,029.79 in compensation for property damage from the accused, and the Board of the State Social Insurance Fund was awarded 14 2,149.25 in compensation for property damage from the accused. The convict did not agree with the court’s verdict and asked for clemency. The man did not admit his guilt and said that if the woman had looked around before leaving the street The bike will be able to avoid accidents.
The Trial Chamber rejected the convicts’ appeal and noted that road signs on sidewalks and sidewalks, which symbolize pedestrians and bicycles, were one by one, meaning not only prisoners but pedestrians who suffered. Injuries also have the right to use this road as cyclists. Both cyclists and pedestrians crossing it have a general obligation to behave respectfully and cautiously, but current legal provisions do not provide specific specific obligations for pedestrians and pedestrians to be free to walk on any part of the pedestrian and pedestrian crossing. Circle. Roads, including roundabouts, if one is drawn.
At the same time, the duty of cyclists to pedestrians is clearly defined, that is, to give way to pedestrians, not to obstruct or endanger them, and to be allowed to drive past pedestrians at speeds close to the speed of your movement. Pedestrians (3-7 km per hour) leave such a gap from the side to maintain traffic safety. Cyclists who can move faster than pedestrians must be very careful and careful on sidewalks and bicycles, choose safe driving speeds, anticipate and avoid possible collisions with pedestrians.
Rejecting the defendant’s argument that he could not have predicted that the victim would cross the sidewalks and bicycles marked by hard lines, the jury noted that the sidewalks and bicycles were separated. Solid lines only. Where it goes behind the bus stop, because it is clear at this point that pedestrians do not have to cross the road where bicycles can ride. Seeing that the sidewalks and the distant bicycles were not separated, but by the dotted line, the convict had no reason to expect no pedestrians to cross his path, as pedestrians were not forbidden to do so.
It is pointed out that even if the victim crosses the sidewalk and the bike, especially where the road is marked by a continuous line, this does not mean that she violated the conditions of the road traffic law. The offender is obliged not to drive too fast and try to move at the same speed as a pedestrian, especially if he or she has to drive through a nearby bus stop, which is always moving because people are waiting for the bus to get off the bus. .
In addition, the defendant admitted that he did not comply with the general duty of caution and care of others, that is, while riding a bicycle, he looked at the phone, turned on the music and just opened his eyes. Get out of the way and do not observe what is happening in front of him. So without a cyclist looking at the road in front of him, any movement in his orbit would be sudden and unpredictable.
The judge concluded that the inmate would notice the victim in time if he behaved cautiously and cautiously while driving on the sidewalk and on the sidewalk in front of him and watching people walking on his way. It is understandable that the situation seems sudden and unpredictable to the accused, but this is determined not only by the unpredictable actions of the victim, but also by his own behavior when he does not pay attention. Pay attention to what is happening on and near pedestrians and bicycles, but disturb those around you and do not follow the rules that make him responsible Yes.
The court, rejecting the inmate’s request to recognize the victim’s risky or provocative behavior as a mitigating circumstance, noted that the victim’s entry and presence on the sidewalk and bicycle without inciting the inmate to commit a crime against her The victim’s actions cannot be considered a risk. In cities where bike lanes are not completely separated from pedestrians and pedestrians are not prohibited, in which case the victim enters the sidewalk and bicycles to move away from the rubbish to the bus stop can not be considered. No. It is a risky behavior that encourages another person to neglect to initiate criminal proceedings against her.
Rejecting the plaintiff’s request for his release from criminal liability due to his mental health, he had no chance of escaping a collision with a pedestrian while cycling at the time, the district court confirmed. This was not created. Necessary criteria for the implementation of the Institute of Limited Offenses – medical and legal, so the recognition of the limited defendant has no reason to commute the sentence imposed on him or to consider the question of exemption from criminal liability. That no.
The court noted that if the inmate’s personal assessment of his reaction could not match the ability of a healthy person to brake, and therefore avoid collisions, he should generally answer the question of whether he could ride a bicycle. No? Wheels in such cases due to a situation occurs when a person due to an inappropriate reaction to environmental conditions, a situation that can cause harm to others.
The decision takes effect from the date of proclamation, but within three months it can be appealed to the Supreme Court of Lithuania in the proceedings.