Man acquitted of injuring woman who crossed road between standstill cars
Accident reported 7.45am on a busy road
A 23-year-old man was acquitted of having caused involuntary grievous injuries to a woman who crossed a road from between cars which were at a standstill.
Maximilian Bugeja was arraigned in court facing a single charge following an incident on Rue D’Argens in Gżira on June 21, 2024.
The woman testified in court that on the day, at about 7.45am she was on her way to work. The woman was walking to a bus stop, recalling that there was standstill traffic, and she started to cross the road.
Asked by the court if she used the pedestrian crossing, the woman said no, but instead crossed between cars that were waiting at a red light.
She recalled looking out for oncoming cars and saw a vehicle at a distance, with the woman “calculating” that she had sufficient time to cross the road.
She began to cross before she was hit by the oncoming vehicle, but the woman could only recall waking up and finding herself in hospital.
The woman said she needed stitches to her face and to her thigh. She also needed physiotherapy following the incident.
Under cross-examination, the woman confirmed she crossed between vehicles waiting on a red light, saw an oncoming vehicle, but could not recall the exact point at which she had been hit.
In its considerations, the court said that from the evidence brought before it, the victim had to exercise diligence and ensure that she could cross the road safely before doing so, especially when crossing the road from between standstill cars.
The court referred to the police affidavit in which the officer said the woman had told him that she had enough time to cross the road before the oncoming vehicle reached her.
“The court notes that the road in question is a main road, where pedestrians are expected to exercise greater caution,” magistrate Yana Micallef Stafrace said.
In the circumstances, the court held that the accused was faced with an unforeseeable situation and therefore could not be held responsible for the incident and the injuries the woman sustained.
Magistrate Yana Micallef Stafrace presided.