A driver must adapt his speed according to the condition of the driver and the difficulty of driving (ice, heavy rain, work, bad road conditions …). Losing control of your vehicle reveals a lack of control at the wheel. This fault may deprive you of any compensation in the event of an accident. This is what the Court of Cassation recalls in a judgment of 1er April 2021.
A person loses control of their vehicle and hits a vehicle in the opposite direction. Seriously injured, she is claiming compensation from the implied driver insurance company.
The Court of Appeal, then the Court of Cassation, however, found that the driver did not adapt his speed to the traffic conditions. Indeed, the road was wet and, trying to brake, he was unable to control his vehicle.
For the judges, this misconduct, which is the direct cause of the collision, is of a nature to justify a total exclusion from his right to compensation. He did not know how to adapt his driving and speed to the poor traffic conditions on this road. The court thus admits that a driver who lost control of his car and was seriously injured is deprived of any compensation.
Failure to control the vehicle is considered a serious misconduct. It is subject to a fine of 4e sanctioned class of € 135 of fines. Other offenses are also punishable by the same penalties (driving with half-worn tires, dangerous overtaking, turning corners, driving too close to the previous vehicle …). The Court also held that these offenses were deprived of compensation in the event of an accident.