Facts
On January 28, 2008, a collision occurred in Zurich on a pedestrian crossing between the passenger car of the appellant X. and the pedestrian A.A., who was carrying her three-year-old daughter A.B. in her arms and pushing her one-year-old son A.C. in a stroller. A.B. succumbed to the consequences of the severe traumatic brain injury the next day. The prosecution alleges that X. failed to direct her attention to the traffic situation and therefore failed to see the pedestrians, even though they had already entered or were about to enter the pedestrian crossing. The District Court of Dietikon found X. guilty of negligent homicide, negligent serious bodily injury, and gross violation of traffic regulations. However, the High Court of the Canton of Zurich acquitted X. of the alleged offenses.
Considerations
The Federal Supreme Court finds the factual findings of the lower court to be arbitrary. The lower court has evaluated the evidence one-sidedly in favor of the appellant and disregarded essential circumstances. It is not comprehensible how the lower court came to the conclusion that X. had perceived the pedestrians in time, even though the witness C. and the expert opinion assume an unbraked collision. The assumption that the intention of the victims to cross the pedestrian crossing was only recognizable to X. shortly before the collision is also arbitrary, as the victim was pushing a stroller in front of her, thus indicating her intention earlier.
The Federal Supreme Court states that, according to the traffic regulations, X. would have been obliged to reduce her speed in a timely…