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Defendant K. Vaitkus, as announced in the press release of the Kaunas District Court, Jonava Palace, on September 1, 2019 at 3:20 p.m. in Kaunas, driving in the second lane from Kovo 11th Street to the 23rd Street in Birželio, violated Traffic Rules – did not stop at pedestrian crossings and thus hit a minor.
It was established in the event that K. Vaitkus did not slow down his car when approaching an unregulated crosswalk. Seeing a stopped vehicle in the first lane before the crosswalk, he was forced to stop and start again only if he was convinced that there were no pedestrians in the crossing that could obstruct or endanger. In violation of these Traffic Rules, the defendant did not lose a minor walking with a scooter entering the lane of his right-hand traffic at the intersection, knocking him down, causing bodily injury that caused serious health problems.
The defendant did not plead guilty in court. He indicated that he did not stop at all as he approached the crosswalk as there were no obstacles on either side. But suddenly, at the crosswalk, he felt a blow to the side of the car. He did not understand how and where the child came from because he really did not see him. He thought that the boy had not seen him either. During the crossing, the minor, according to the accused, could stand on his scooter, because such a blow could not have occurred while walking. According to K. Vaitkus, the speed of the child’s movement had an impact on the emergence of the event.
If the child walked, moved fast, or ran away, making him go unnoticed, the defendant said in court.
The court recognized that the fact that a minor rode or married a scooter is irrelevant: traffic regulations do not stipulate that a person must carry a scooter when crossing a crosswalk and not drive it, as such a prohibition is clearly established for cyclists.
Based on the file and the testimony of the witnesses, the court concluded that if K. Vaitkus had taken all necessary precautionary measures, i. that is, approaching the crossing would have slowed down and the pedestrian would have been stopped and lost, there would have been no traffic accident and there would have been no serious health problems for the child.
The court imposed a fine of 3,500 euros on K. Vaitkus. He was also disqualified from driving for a year.
In imposing the sentence, the court took into account the fact that the defendant had previously been convicted, had a valid administrative penalty, was driving sober and had committed a negligent crime.
The court upheld the civil lawsuit of the victim’s minor mother in part. The insurance company will have to compensate the victim, the mother of a minor, for non-pecuniary damage of 3,450 euros, excluding the amount of non-pecuniary damage paid by the insurance company. In determining the amount of non-pecuniary damage, the court sought to balance the interests of the victim and the perpetrator of the traffic accident, followed the criteria of justice, fairness and reasonableness, and took into account the jurisprudence.
This crime is punishable by a fine of arrest or imprisonment for up to five years.
The sentence may be appealed to the Kaunas Regional Court within 20 days of its publication by filing an appeal with the Jonava Palace of the Kaunas District Court.
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