Prawo karne i postępowanie karne

Zasłabnięcie/utrata przytomności za kierownicą – czy kierowca odpowiada karnie za spowodowanie wypadku?

Wypadek, kolizja.. zdarzają się również takie sytuacje spowodowane zasłabnięciem za kierowcą. Czy w takiej sytuacji kierowca odpowiada karnie za spowodowanie wypadku?

W takiej sytuacji, kierowca a zarazem sprawa wypadku może ewentualnie skutecznie powoływać się na chwilową, niezawinioną utratę przytomności, tylko w przypadku, gdy cierpiał na tego rodzaju schorzenie, dolegliwość lub inne ukryte dysfunkcje, nieujawnione do chwili zdarzenia, o których sam nie posiadałby wiedzy, a które to dolegliwości lub schorzenia mogłyby skutkować niekontrolowaną utratą przytomności. Sprawca może powoływać się na niekontrolowanie zasłabnięcie niezawinionego przez niego, tylko w przypadku gdy taka sytuacja zaistniała pierwszy raz. Gdy w przeszłości zdarzyła się sytuacja, w której kierowca już kiedyś utracił przytomność, a prowadził pojazd ponownie – nie zostanie wyłączona odpowiedzialność karna (wyrok SA w Warszawie z dnia 24 maja 2016 roku, II AKA 355/15).

A co w przypadku zaśnięcia za kierownicą? Więcej informacji na ten temat, możesz przeczytać tutaj

Podsumowując, jeśli kierowca utracił przytomność z powodów chorobowych, o których nie wiedział i do takiego incydentu doszło pierwszy raz, w tej sytuacji nie można przypisać winy kierowcy popełnienia przestępstwa.

Masz jakieś pytania lub potrzebujesz pomocy? Pisz śmiało na mateusz.tomczak@legalnafura.pl

Pozdrawiam,

Mateusz Tomczak

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16 komentarzy

  • Ablissabof

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  • Ablissabof

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  • Ablissabof

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  • Ablissabof

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  • Ablissabof

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  • Ablissabof

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  • Ablissabof

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  • Ablissabof

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  • Ablissabof

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  • Ablissabof

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  • Alexisreile

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  • Alexisreile

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  • Alexisreile

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  • Alexisreile

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