A pedestrian crossing outside a crossing was hit and killed: what do Tunisian courts decide?

Answer by the AvoConsulte editorial team

No outcome can be predicted in advance: it depends on the investigation. Two separate questions arise: whether the driver is criminally liable, and how the family is compensated. The pedestrian's fault weighs heavily on the first and much less on the second.

The driver's criminal liability

The Penal Code punishes involuntary homicide caused by clumsiness, recklessness, negligence, inattention or failure to observe regulations. The driver is convicted only if such a fault is proved. The court examines the facts in the police report and any expert reports: speed, attention, visibility, compliance with the Highway Code, and where and how the pedestrian crossed. If the accident was entirely due to the pedestrian's behaviour and the driver could not avoid it, the driver may be acquitted; if both were at fault, the driver may be convicted, and the court can take the circumstances into account in the sentence.

Compensation for the family

Compensation for bodily injury and death in traffic accidents is governed by the Insurance Code and paid by the vehicle's compulsory insurer. Victims who were not driving are compensated without their own fault being held against them, unless they deliberately sought the harm or committed an inexcusable serious fault. Whether crossing outside a crossing reaches that level is for the court to decide case by case. The heirs are compensated using legal scales, and funeral costs are reimbursed. If the vehicle was uninsured, the Guarantee Fund for traffic accident victims may step in in some cases.

Practical steps

• Get a copy of the police or national guard investigation report.
• The heirs can send the insurer a written amicable claim within one month of receiving the report.
• Claims arising from traffic accidents are time-barred after three years.

See a lawyer quickly, both to follow the criminal case and to negotiate with the insurer.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code pénal – De l'homicide involontaire (art. 217) Jurisite Tunisie
2. Code des assurances (avec textes d'application) Comité Général des Assurances (édition de l'Imprimerie Officielle)