Fatal Accident: Court Highlights Victim's Carelessness and Acquits Defendant

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 victim, a 68-year-old resident of Notre-Dame, died due to her own recklessness, as she crossed the highway without regard for oncoming traffic.

The accused, a 49-year-old man from Curepipe, was charged with involuntary manslaughter due to negligence but pleaded not guilty. He explained that on the day of the incident, he was driving from Réduit to Port-Louis at a speed of 60 to 70 km/h. About 50 meters from a footbridge, he saw a woman running onto the highway towards Mont Ory, approximately ten to fifteen meters away from him. He braked and honked his horn to alert her, but to no avail. 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 emergency services (SAMU), she was pronounced dead. A post-mortem examination concluded that she died from a "fracture dislocation of the neck."

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

A bus stop and a guardrail 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 she acted recklessly, especially since a footbridge was just a few meters away for safe crossing.

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