Facts
The appellant [X.] and the respondent [Y.] were involved in an accident in which [X.] was injured. [Y.] had driven his vehicle onto the road from a parking lot, while [X.] was traveling on a motorcycle and wanted to overtake a passenger car driven by [A.] . The lower court acquitted [Y.] , as he had behaved in accordance with traffic regulations and could not have expected [X.] to overtake at an excessive speed.
The public prosecutor's office had discontinued the investigation, but the Court of Cassation referred the case back for re-trial. The single judge of the district court found [Y.] guilty, but the High Court of the Canton of Zurich acquitted him.
Considerations
The appellant [X.] argues that the lower court incorrectly established the facts and misapplied the principle of trust. The Court of Cassation had referred the case back for re-trial because it was unclear whether [Y.] could have expected a motorcycle driver to overtake at a non-excessive speed.
The lower court assumed that [X.] had exceeded the permitted maximum speed and that [Y.] could not have expected [X.] to overtake at an excessive speed. The Court of Cassation followed this line of argument and dismissed the appeal.
The principle of trust states that every road user who behaves in accordance with traffic regulations may trust that…