Facts
On May 12, 1982, [S.] was driving his car on the cantonal road in Collombey towards Monthey when he hit Ms. [O.], who was crossing the road on a pedestrian crossing near a shopping center. Ms. [O.], seriously injured, was hospitalized for 5 months and her overall disability rate was assessed at 80%.
The investigations and expert reports established that, at the time of the impact, Ms. [O.] had covered 2-2.5 m from the edge of the road and had rushed out running, without looking to her left, while S.'s car, which was traveling normally on the right side of the road at a speed between 50 and 55 km/h, was at a distance between 13.9 and 21.2 m from the point of impact. [S.] had not braked before the collision, which occurred 1-1.38 s later.
Ms. [O.] brought an action against insurance company X., the liability insurer of the holder S. The Cantonal Court of Valais dismissed the claim.
Considerations
The Federal Court considered that the driver [S.] had not committed a fault, as he had no concrete indication that would have allowed him to assume incorrect behavior by the pedestrian. Although the pedestrian has the right of way, the driver can count on the pedestrian not exercising it if the vehicle is at a distance where it cannot stop.
The Court considered that S.'s late reaction, of 0.2 to 0.6 s, was within the limits set by case law, which has ruled that half a second of inattention does not constitute negligence.
However, the Court considered that Ms. O.'s behavior,…