Facts
Parties involved: X. (driver of vehicle E.) and A. (driver of vehicle H.), as well as the Public Prosecutor's Office of the Republic and Canton of Neuchâtel.
Courts involved: Police Court of the Littoral and Val-de-Travers, Criminal Court of the Neuchâtel Cantonal Court, Federal Supreme Court.
Dates: Judgment of the Police Court of April 1, 2015, judgment of the Criminal Court of October 11, 2016, appeal to the Federal Supreme Court filed in 2016, decision of the Federal Supreme Court of December 5, 2017.
Main facts: On March 16, 2013, a violent collision occurred at the intersection between the cantonal road of Lignières and the road of Roc. X., coming from Cressier, crossed the intersection without respecting the "Yield" sign and without a seatbelt. A., coming from Lignières, was driving at 87 km/h (maximum authorized speed: 60 km/h) and crossed the safety line. X. suffered serious injuries, becoming tetraplegic. A. and his passenger were not injured.
Legal issues: Violation of priority rules (Art. 36 para. 2 RTA), driving without insurance (Art. 96 para. 2 RTA), abusive use of permit (Art. 97 para. 1 TSOA. a RTA), serious bodily harm by negligence (Art. 125 SCC), principle of trust (Art. 26 RTA).
Considerations
The Federal Supreme Court examined the facts established by the cantonal court and concluded that X. had violated the priority rules by not respecting the "Yield" sign and by engaging on the main road without direct visualization or sufficient precaution. The court emphasized that road mirrors do not allow a realistic assessment of distances and speeds, and that X. should have stopped or advanced cautiously to assess the situation.
The Federal Supreme Court also rejected X.'s argument that he could rely on the principle of trust. The court found that X. had not behaved in a regulatory manner and had created a…