Not responsible for manslaughter the motorist who, outside an urban center and at night, hits a pedestrian who does not wear a reflective jacket. This is the orientation repeatedly established by the Supreme Court. The Highway Code states that, outside urban areas, pedestrians must circulate:
- In case of carriageway in both directions of travel, in the opposite direction to that of the car.
- In the case of single carriageway in the direction of traffic, on the right margin with respect to the direction of vehicle operating conditions.
From half an hour after sunset to half an hour before sunrise, pedestrians on the carriageway of roads outside the towns, without public lighting, must march along a single row. No rule, however, imposes to pawn wear a reflective vest.
The only obligation is triggered only for the motorist and cyclist. In the first case, in particular, the braces or reflective vests must be worn by drivers of cars parked on the road, outside the towns, at night or in poor visibility conditions. It is mandatory to wear them when you go to fix the delta after a fault or if you leave the car stopped on the emergency lane. The obligation applies not only to the driver but also for any passengers.
The fact that no provision of the Highway Code requires the pedestrian to wear at night and outside urban centers, the reflective jacket does not mean that this behavior can be considered, albeit legitimate, even prudent. In fact, it is extremely likely that the pedestrian, in poor visibility conditions, cannot be seen by the driver and invested. In such cases, according to the Supreme Court, the motorist cannot be charged with murder, but always that his driving style is considered prudent and respectful of speed limits.
The driver must – on time underlines the jurisprudence – ask yourself in a position to anticipate and avoid the accident. This means respect not only the rules of the road, but do everything to avoid still critical events that may cause damage to third parties.
Being, however, ahead of the car, a pedestrian, the danger, it is certainly a situation impossible to predict, and, on the roads in the middle of the night, completely hidden from the darkness, does not remain on the side of the road in order to avoid such high mileage, even to avoid. So, in such cases, only if the pedestrian was wearing reflective clothes the driver can be held criminally responsible (the investment, it is foreseeable and avoidable with the light signal), otherwise it is exempt from all criminal liability.