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Motorist, pedestrian, bicyclists liability under French traffic law
Saturday, August 23, 2008
Often mentioned when pedestrians or bicyclists are involved in a collision with a motor vehicle, is that laws in many countries across the world put more of the liability on the motorist than the U.S. does.
However it is difficult to obtain specifics of these laws and practices from across the world.
When bodily harm is concerned, faults on the part of non-driving victims (passengers, pedestrians and cyclists) do not deprive them of their right to redress, except where the fault is particularly serious. However, a fault on the part of a driver reduces or extinguishes his right to compensation. (p. 4)\
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a) Compensation for bodily harm
STATUS OF THE VICTIM - COMPENSATION SCHEME -EXCEPTIONS
Non-driver aged under 16 or over 70 or suffering 80% disability regardless of age. - Full compensation - No compensation if the victim causes the injury deliberately
Non-driver aged over 16 and under 70, not suffering 80% disability. - Full compensation - No compensation if the victim is guilty of gross negligence, which is the sole cause of the accident or has caused the injury deliberately (cf definition hereafter)
Driver regardless of age and physical capacity - Compensation according to fault
As shown in the above table, the fault committed by the victim may be taken into account with the effect that his right to redress is either limited or extinguished.
The category of non-drivers includes passengers, pedestrians, cyclists and other less common cases such as horse riders, skiers, roller-skaters, etc.
Deliberate intent to cause injury most often occurs in cases of an attempted suicide on the part of the victim.
Gross negligence is a deliberate fault, of exceptional severity, exposing the individual for no justifiable reason to a danger he should have been aware of.
With regard to pedestrians, this primarily concerns a presence on roadways strictly reserved for vehicles: motorways, ring roads, bypasses.
The victim must have crossed barriers, safety railings, etc. (pp. 5-6)
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Who qualifies for compensation?
For bodily harm: passengers, pedestrians and cyclists, except when the victim has:
- deliberately sought the damage; - committed an inexcusable error which is the sole cause of the accident. However, this error cannot be held against the victim if he is younger than sixteen or over seventy years of age or if he suffers from permanent disability or disability of at least 80%. (p. 35).
