Facts
On 20 April 1997, at around 00:20, Ms. C. was driving a Seat Ibiza car on the Gossau motorway in the direction of Wil. Another driver, D., collided with Ms. C.'s car from behind, causing an accident. Two women got out of the car and stood behind it when a third driver, X., collided with the damaged car at a speed of 130 km/h on the overtaking lane. The accident resulted in the death of Ms. C. and serious injuries to the passenger and driver X.
The courts of the canton of St. Gallen convicted X. of manslaughter and bodily harm through negligence to a conditional prison sentence of one week. X. appealed to the Federal Court.
Considerations
The Federal Court dismissed X.'s appeal based on Article 32 paragraph 1 of the Road Traffic Act (RTA) and Article 4 paragraph 1 of the Ordinance on Road Traffic Rules (TRegO), which stipulate that the speed of a vehicle must be adapted to the visibility distance. The Federal Court confirmed its case law that this rule also applies on motorways, in particular at night with crossing lights.
The Federal Court considered that X. had acted negligently by driving at 130 km/h when his crossing light only illuminated the road for 50 meters. X. should have recognized the damaged vehicle earlier and could have avoided the accident if he had driven at a slower speed and paid sufficient attention to the road.
The Federal Court also considered that the road traffic rules in France and Germany provide similar provisions for…