to πλαγιολισθήσει, to be diverted from their course to the right and after it crashed to an unknown obstacle, was ejected initially in the air and finally crashed violently into an adjacent groove with the driver’s side to be adjacent to the ground. From the above accident was caused by the fatal injury of συνεπιβαίνουσας.
Question which of the occupants was the driver
The defendant driver argued that he wasn’t driving himself, but the deceased passenger. This claim was not considered valid by the Court, since the performed a necropsy in conjunction with the pictures of the car showed that the death of συνεπιβαίνουσας came from heavy and extensive head injuries, sustained when she was ejected by the force of inertia and the intensity of impact of the vehicle on the ground, successively forward and upward to the left and suffered the injuries from the impact of the head of the sky of the car. On the contrary the above driver suffered injuries correspond to injuries driver from the steering wheel. The conclusion that I was driving, the deceased is enhanced by the visible traces of blood on the wallpaper of the sky car over the passenger side.
Evidence
Among the other evidence taken into consideration to direct evidence or taken into account in the synagogue of judicial evidence (between the latter and the documents from the criminal proceedings), shall be admitted and digital audio-visual discs (DVD) with the effect of the accident.
Speed calculation based on a study of the visual material camera security
From the study of the optical material a security camera adjacent business has become possible to identify the speed of the mechanical technical expert, in 134,80 km/h, on the basis of the open shutter of the camera (133 meters) and the time it took for the vehicle to travel a distance (2,5 seconds). If yes, added to the reduction due to the braking, which took place, as can be seen from the traces recorded by the Traffic police, the vehicle speed reached 150 km/h. Therefore, clearly reflected the movement of the vehicle at breakneck speed and sudden elevation of the roadway, the downfall of this and then the diversion.
Miscellaneous Judgment Of A Criminal Court
It does not bind the Civil Court
Innocent by the Three-member criminal court
Guilty by the Civil court of Appeal
By a decision of Three-member Crown court, the defendant, then, first defendant, was acquitted of the charge of manslaughter. The grounds of that judgment, (against which an appeal is lodged by the Prosecutor), which would serve as a judicial presumption, is not available, but in any case, is not bound this Court to be brought in a counter on the fault decision, because the decision is in contrast with the ανευÏεθÎντα evidence.
Zone Security – Lack Of
Irrelevant in view of the serious head injuries
The objection of contributory negligence of the deceased female συνεπιβάτιδας, non-use of safety belts, it is unfounded, because no evidence proved that the victim of a crime is not brought security zone, the head injuries are not sufficient to lead us to the conclusion about the non-use zone, since, the serious, extensive and possibly fatal injuries skull suffered, were caused during the basket toss to the roof of the car, so the short and thin body, soared to the roof, and it was not possible for the zone, and if there was, to the set up. Therefore, the use or non-use zone, in the present case is not a causal influence, because the result of the death, would also occur regardless of such act or omission.
Mental Anguish 380.000 euros
Share:
Per € 110,000 in each parent (instead of 75,000 euro at first instance επιδικασθÎντων)
Per 80,000 euros in each of the two brothers (instead of 60 000 in the first instance επιδικασθÎντων).
Funeral Expenses
flowers decoration coffin and cross
The charge for flowers, decoration, coffin and cross, is legal, despite the contrary supported by the plaintiff in the First appeal, because, in the opinion accepted by the Court of justice, in the morals and values of Greek society, is in direct causal relationship with the death of a child.
Court Costs
The court of Appeal when it eliminates in its entirety or in a part of the first-instance decision and shall decide definitively on the case, disappears, and the provision of this decision for the court costs and shall specify the court costs must be paid for two degrees of jurisdiction, provided it has been requested.
Source
Groundbreaking decision: Read the unique way of detecting speed of a vehicle involved in an accident!
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