Facts
The appellant [X.] was driving a car on November 25, 2011, in Allschwil on Baslerstrasse in the direction of the village center. She turned left into Carmenstrasse and collided with the motorcyclist [A.] , who had passed a truck on the right. [A.] fell and was injured. The Public Prosecutor's Office of Basel-Landschaft sentenced [X.] to a conditional fine and a penalty. The Cantonal Court of Basel-Landschaft upheld the conviction and reduced the daily penalty amount.
[X.] filed an appeal in criminal matters and requested that the judgment of the Cantonal Court be overturned and she be acquitted of the charge of negligent simple bodily harm. The claims for damages and compensation by [A.] were to be dismissed.
Considerations
The FSCA examined the factual findings of the lower court and came to the conclusion that they are not arbitrary. The lower court was entitled to conclude without arbitrariness that there was sufficient space for a second lane to the right of the truck and that it was common practice to merge already at the height of the accident site.
The FSCA dealt with the question of whether the appellant had fulfilled her duty of care when turning. It came to the conclusion that the appellant did not satisfy her duty of care by slowly feeling her way, as the vehicle with right of way could not see the slowly merging vehicle in time to either swerve or warn the vehicle obliged to wait by a signal.
The FSCA…