Facts
On 5 December 1997, A. was driving a tanker truck on Riehenstrasse in Basel. He stopped at a red light at the intersection with Clarastrasse and signaled his intention to turn right. A cyclist, D., passed to the right of the truck and stopped next to the driver's cab. When the light turned green, A. moved forward slowly and turned right, hitting the cyclist who died from his injuries.
The court of first instance acquitted A. of the charge of involuntary homicide. The Basel cantonal court of appeal overturned this judgment and sentenced A. to a fine and to pay damages to the victim's heirs.
A. filed a nullity appeal against this judgment, arguing that he could not have foreseen the accident and that he had not violated traffic rules.
Considerations
The Federal Court examined the question of whether A. had violated traffic rules and whether he had been negligent in not taking sufficient precautions to avoid the accident. The court considered that A. had a duty to take particular precautions due to the blind spot of his truck and the presence of cyclists on the road.
However, the court also considered that A. had taken the necessary precautions by signaling his intention to turn right and moving forward slowly. The court also noted that the cyclist had passed to the right of the truck without taking sufficient precautions.
The…