Gloss to the judgment of the supreme court of October 13, 2022, I KK 96/21, Lex No. 3455749

Kazimierz Pawelec

Uniwersytet Przyrodniczo - Humanistyczny w Siedlcach

Abstract

The commented judgment sets a direction for the assessment of guilty in terms of the causes of road accidents it discusses the situation and the complex in terms of the behaviour of the accused as well as the victim. He emphasizes that a formal violation of the road traffic law or its general principles, even in the event their violation, does not necessarily mean is at fault, because the behaviour of the injured party was absolutely not exemplary, impossible to
lead by the accused, who was accused of formally violating the provisions of law about traffic rules. Violation of these rules olue to the behaviour of the aggrieved party could not be assessed as culpable and foreseeable by the de-
fendant. From the above, the concept of objective attribution of the effect, activate in terms of what would happen if the defendant was driving at an administratively acceptable speed, cannot be treated as universal without an assessment, both empirical and dogmatic, of the victim, especially in terms of the possibility of predicting her abnormal behaviour. The aim of the study was, therefore, a broader look at the causes of road accidents, not only through the prism up of detailed provision or principle, but also of view of the possibility of predicting atypical predicting atypical behaviour of the later in juried party.

Keywords:

traffic law, traffic accident crime, safety rules, safe speed, extreme caution, predicata- bility concept of objective attribution atypical behaviour, concept of objective attribution