Careless killing - Judgment after car accident with killed child
In the process of a case regarding a car accident that resulted in the death of a one-year-old child, the driver was found guilty of negligent manslaughter. The judge at the Amtsgericht Trier stated that she would receive a fine of 120 installments of 60 Euro. The accident could have been avoided if she had reduced her speed on the day, when fog and a low-lying sun resulted in poor visibility. Her negligence led to the "dramatic accident".
A 28-year-old woman admitted that in February 2023, on the Autobahn 1 near Mehring (District Trier-Saarburg), she had collided with a vehicle in front of her that had to suddenly brake. A one-year-old boy, who had been sitting in a child seat on the back bench, was severely injured to the head and died a few hours later in the hospital.
"I can't even say how sad this makes me"
"The sun was so low and then it cracked", said the trained bureaucrat. "I didn't see anything anymore." The woman could not remember the accident itself, she repeatedly said under tears. "I can't even say how sad this makes me. There's no excuse for that. I wish I could turn back the moment."
The prosecution's demand was followed by the judge. In the trial, the accusation was fully confirmed by the defendant, said prosecutor Jennifer Schneider. It could not be determined whether the woman had reached for a water bottle in the footwell of the passenger seat before the accident, as initially reported. However, it was a fact that the woman should have driven more slowly and carefully under the given visibility conditions.
Several witnesses reported that the sun had blinded them on that day at the rising Mehringer Height. "We saw nothing", said a driver who drove on the road before the accident. It was also reported that it was foggy just before the accident site. A police officer also reported that the visibility was severely restricted.
The collision was deemed avoidable by the accident expert
According to the expert report, the collision "could have been avoided with attentive driving and timely reaction". The defendant should have reduced her speed, the expert added. According to the expert report, the woman was driving at approximately 75 km/h in the construction zone. A low-lying sun at that time was confirmed by the expert.
The defense attorney for the defendant had asked the court for a fine of up to 90 installments. Anything below that would be considered leniency. "We're talking about an accident that no one can undo, and that the defendant will have to carry with her for the rest of her life", said defense attorney Bernward Wittschier. She had been out of work for over a year and was still in psychological treatment.
"A tragedy for all parties involved"
The representatives of the co-plaintiffs, the parents of the deceased child, were also still in psychotherapeutic treatment, according to the attorney Roland Krawczyk. They had also been temporarily unable to work.
"This was a tragedy for all parties involved", the Amtsrichterin concluded in her judgment. She hoped that one day we could look forward again. "The loss cannot be compensated with a fine." The judgment is not yet legally binding.
- The case concerning the car accident in Rhineland-Palatinate's District Court in Trier-Saarburg resulted in a guilty verdict for the driver.
- The driver's negligence led to a dramatic accident on the Autobahn 1 near Mehring, causing the death of a one-year-old child.
- The Vehicle involved in the accident collided with another vehicle due to poor visibility caused by fog and a low-lying sun.
- During the court process, the prosecutor confirmed the accusation and emphasized the necessity for the driver to drive more slowly and carefully under those conditions.
- Witnesses reported the poor traffic conditions and the sun's low position as contributing factors to the accident.
- The accident expert stated that the collision could have been avoided with attentive driving and timely reaction, emphasizing the driver's responsibility to reduce speed according to the conditions.
