Facts
The appellant, [X.] , drove his truck to an intersection in [B.] on April 20, 2010. He had stopped his truck directly behind a passenger car in front of the red light. A 15-year-old moped rider, [C.] , overtook the truck on the right over the sidewalk during the red light phase and positioned himself in front of the truck. When the traffic light turned green, the truck started moving and hit the moped rider, who was seriously injured and died at the scene of the accident.
The District Court of Zofingen acquitted [X.] of guilt and punishment. The High Court of the Canton of Aargau overturned this judgment and convicted [X.] of negligent homicide, sentencing him to a fine and a penalty. [X.] appealed to the Federal Supreme Court and requested that the judgment be overturned and that he be acquitted of guilt and punishment.
Considerations
The Federal Supreme Court examined the appeal and came to the conclusion that the lower court had correctly assessed the duties of care of the truck driver. The truck driver had focused his attention one-sidedly on the intersection and the traffic lights, and not on the area in front of his vehicle. This was a violation of the duties of care under Art. 31 Abs. 1 RTA.
The Federal Supreme Court found that the truck driver should have ensured before starting to drive that no other road user was in front of his vehicle. The fact that the moped rider had behaved in breach of traffic…