Fatal Accident: Court Highlights Victim's Recklessness and Exonerates the Accused

A collision between a car and a pedestrian in Mont Ory on July 9, 2019, resulted in the pedestrian's death. On January 15, 2026, the intermediate court acquitted the driver, a university lecturer. The court determined that the death of the 68-year-old victim, a resident of Notre-Dame, was due to her recklessness: she had crossed the highway without regard for oncoming traffic.

The accused, a 49-year-old lecturer from Curepipe, had pleaded not guilty to involuntary manslaughter due to negligence. He explained that on the day of the accident, he was driving from Réduit to Port-Louis at a speed of 60 to 70 km/h. About 50 meters from a pedestrian bridge, he saw a woman running on the highway towards Mont Ory, approximately ten to fifteen meters ahead of him. He braked and honked to warn her, but it was unsuccessful. He could not avoid hitting the elderly woman, who collapsed onto the asphalt. The lecturer immediately stopped to assist her. However, upon the arrival of the emergency medical services, her death was confirmed. The post-mortem examination concluded that she died as a result of a "fracture dislocation of the neck."

Magistrate Yorgesh Bhookhun emphasized in his ruling that the evidence is clear. The victim was crossing the highway, an area prohibited for pedestrians.

A bus stop and a parapet were nearby to prevent access to the road, but the elderly woman ignored them and ran onto the highway, causing the accident. The court concluded that she had acted recklessly, especially since a pedestrian bridge was only a few meters away for safe crossing.

"Her act when she started to cross the motorway was exclusive and unpredictable," according to the magistrate, leading to his decision to acquit the lecturer and dismiss the charges against him.