The Supreme Court issued its ruling on a traffic accident that occurred on 4 December 2008 on Ierou Lochou Street in Limassol, near Molière Street. A 19-year-old driver collided with a 16-year-old pedestrian, leaving the minor with severe injuries.
Accident circumstances
The driver was operating a saloon car when the pedestrian attempted to cross the street. The car hit the pedestrian a few metres past the junction with Molière Street. Investigators found no skid marks, indicating the driver reacted too late. The point of impact was visible from 30–40 metres.
Witness testimony and initial ruling
Eyewitnesses included the driver and the pedestrian’s father. The father said his son crossed the road quickly, while the driver stated he saw a “shadow” and tried to avoid it but could not prevent the collision. The lower court found the driver negligent and assigned 80% of the responsibility to him and 20% to the pedestrian.
Appeal and Supreme Court decision
Both the driver and the pedestrian filed appeals. The Court of Appeal confirmed the 80%-20% liability split. It highlighted that drivers have a higher duty of care at night and must adjust speed and use proper lights, while pedestrians must take measures to protect themselves.
Extent of injuries and compensation
The pedestrian suffered severe traumatic brain injury and lung contusions. He stayed in intensive care for several weeks, initially in a coma and on a ventilator. Permanent neurological and psychiatric effects remain, including post-traumatic epilepsy, left-sided weakness, and personality changes.
The Supreme Court increased general damages from €80,000 to €200,000 (reduced to €160,000 after considering contributory negligence) and confirmed €40,000 for future loss of earnings. The court rejected claims for special expenses and educational costs. It also awarded legal costs of €3,500 plus VAT to the pedestrian.
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