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“The actions of Martynas G. in crossing the road without ensuring that it is safe to do so should be considered the cause of the traffic accident and a collision would have been avoided if the scooter driver had crossed the road only if all vehicles passed it” said Judge Daiva Kazlauskienė.
The court upheld the decision of the Vilnius County Police Commissariat’s Road Police Board, which imposed an administrative penalty on Martynas G. – a fine of 50 euros. Since a man driving a scooter has been found guilty of causing an accident, he may also have to pay for the repair of a damaged vehicle.
According to the case data, it was established that on September 10 last year, at 18.11, at the intersection of Saltoniškių and Pieninės streets, Martynas G. in Vilnius, while driving an electric scooter, crossing the road where the traffic did not is regulated, SAAB did not go through the road. And it collided with him and both vehicles were damaged in the accident.
Martynas G.’s scooter collided with a car in the second lane, because the Škoda driver, who was in the first lane, barely managed to stop his car; the driver later admitted that the high-speed scooter jumped “right in front of his nose.”
Ala Šimulevičienė, Senior Specialist in the Department of Administrative Activities, stated that the requirements for bicycle drivers set by KET were valid for Martynas G., who was driving an electric scooter.
” According to point 60 of the KET, to be able to cross a road where traffic is not regulated, a cyclist must overtake the vehicles that circulate on the road, except when crossing exits from adjacent areas, residential area, patio, parking lot, at cross the road onto which other drivers are turning, and point 59 of the KET stipulates that the cyclist must in any case reduce their speed when approaching the place where the road is to be crossed and can only continue moving with confidence so that it is safe to circulate and does not disturb other road users, Clause 64.9 of the KET prohibits a cyclist from crossing the road while crossing a pedestrian crossing ”, said the investigator of the Highway Police.
According to her, during the investigation of the traffic accident, it was established that near Saltoniškių and Pieninės str. an unregulated crosswalk is installed at the intersection, a bicycle lane is marked with this crosswalk marking. The vehicles collided in broad daylight, visibility at the crash site was good, so the accident would not have occurred if the scooter had met the KET requirements, leaving the road only convinced that it was safe.
The Škoda driver said his vehicle came to a sudden stop when he saw Marty G. on the road.
“Moving on to Pienin Street. In front of my car, on the driveway of the highway, I saw a scooter crossing the road, when entering the road, I did not see it, said the driver. “Then I suddenly stopped, the scooter passed me, I wanted to open another window and shout that I was looking where I was driving, but I couldn’t do it because the scooter hit a car that was traveling in another lane.”
“The car in the first lane began to brake abruptly and then the scooter flew off at an unexpectedly high speed,” said the driver, who was unable to stop the car and was involved in the accident.
A video was archived in the case, showing that Martynas G. did not even try to ensure traffic safety when crossing the road; when he got to the bike crossing, he didn’t stop, just stopped and immediately started moving onto the road, not convinced it was safe to do so.
The man, who was driving a scooter at the time, said immediately after the accident that he had prepared to go through the crosswalk, stopped at the crossing, stopped in the first lane, saw no more cars, so he drove, and the interrogator stated at the hearing that at the intersection, he stopped, looked around, a car passed him, it seemed safe to drive and drive. “
Martynas G. stated that the traffic accident occurred in the second lane of traffic and that he could not interrupt the maneuver in any way.
However, according to the Vilnius Regional Court, which examined the administrative infringement case, this does not substantiate the legality of the person’s actions, as the accident in the first lane may not have occurred simply because the Škoda driver managed to stop. the vehicle in time and avoid a collision.
“Just because in an emergency situation caused by one of the road users due to the actions of other road users, a traffic accident is avoided, the administrative responsibility of the person is not eliminated or mitigated,” he emphasized Judge D. Kazlauskienė. – Article 60 of the KET establishes that to cross a road where traffic is not regulated, the cyclist must overtake the vehicles on the road, that is, assess not only that there are currently no vehicles in the first lane or that they are in bicycle (in this case, a scooter), but to assess the situation in other lanes, to the end, by analogy. “
According to the court, this is precisely the reason why Martynas G.’s claims that he had reason to expect SAAB to do the same in the second lane when Škoda stopped are unfounded. Previously, the Vilnius City District Court had reached the following conclusion: “Martynas G.’s actions when crossing the road were legal because the car in the first lane stopped to overtake the scooter driver, and the traffic accident was caused by the actions of the SAAB driver who did not comply with the KET requirements and took precautions. and without slowing down when approaching a crosswalk. “
The higher court, which annulled the district court’s decision to terminate the case against the scooter, emphasized that the data collected in the case did not provide grounds to affirm that Martynas G., who was driving the electric scooter, crossed the road accordingly. with articles 59 and 60 of the TFE.
Police: You must understand that you are not alone on the road
According to the Lithuanian Highway Police Service, in accordance with the Road Safety Law, a vehicle with at least two wheels and an internal combustion engine or an electric motor with a maximum net power not exceeding 1 kW and a speed design maximum not exceeding 25 km / h, assigned to a motorcycle. The driver of such a vehicle must meet the KET requirements for cyclists.
Bicycles, motorcyclists or electric scooters belonging to this category, electric rollers, etc., can circulate in cycle lanes, pedestrian and bicycle paths or bicycle lanes where they do not exist – on a suitable curb. When driving on the sidewalk, pedestrian and bicycle lane, sidewalk, the electric scooter driver must yield to pedestrians, must not obstruct them, pose a danger.
“Please note that drivers of these vehicles cannot cross the road at crosswalks,” police said.
When there is no bike lane, bike lane and pedestrian on the road or bike lane, curb on the right side of the road, as well as in cases where it is not possible to circulate on them (potholes and the like), it is allowed to circulate on the sidewalk or right lane row. its right edge, except in the cases specified in item 106 of the KET, as well as when it is necessary to overcome an obstacle, drive straight when it is allowed to turn right from the first lane of traffic.
According to officials, when driving on the road, the driver must wear a brightly colored vest with reflective elements or have a white light at the front of the bike and a red light at the rear. A safety helmet is mandatory for minors (under 18 years of age) when driving a vehicle of this type.
Cycling on the road (electric scooter – speed up to 25 km / h, power not exceeding 1 kW) is allowed for persons under 14 years of age, and for those who have attended a training course and have a school certificate, for people under 12 years old. Under the supervision of an adult, people under the age of 8 can ride a bicycle on the road. There is no age limit for cyclists in the residential area.
“The Lithuanian Highway Police Service reminds that people who drive electric scooters, like all participants in public traffic, must comply with the KET requirements, be careful, protect themselves, respect other road users, it is It is necessary to consciously understand: you are not alone on the road, mutual respect and caution. It is the basis for safe participation in traffic, “officials noted.
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