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He knocks a pensioner down on Avenue d’Ostende and ends up in court

avenue-ostende
The man was charged with «Accidental injury caused by the driver of a land vehicle » - © Communication Department / Michael Alesi

The victim, who suffered multiple injuries as a result of the accident, was on the pedestrian crossing. 

A moment’s inattention that could have happened to anyone. The driver tested negative for alcohol or drugs, and has shown kindness and courtesy to the victim since the accident. The two protagonists appeared in front of the criminal court on Tuesday, November 14, to recount the events of October 26, 2022.

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“You were travelling from Nice to the avenue d’Ostende, because you usually park in the vicinity to go to work,” said President Florestan Bellinzona. “Madam was crossing the road, and you hit her head on. She was thrown four metres. You didn’t brake immediately, because it was only after the accident that you realised there was someone on the road.”

While the investigation showed that the driver was under the influence of neither drink nor drugs, nor even on the telephone at the time, it was nonetheless a violent accident and the victim was prescribed 60 days off work. She suffered a number of facial injuries and several fractures, some of which required surgery. “I blacked out following the accident, and although I have a few flashbacks, my recollections are hazy,” explained the Monegasque resident, who admitted having been affected over the intervening year, particularly with respect to driving, but also when performing basic day-to-day tasks. She is still in pain and has not recovered total freedom of movement.

A doctor was on hand

The 33-year-old banker from Nice apologised and offered to help. The victim appeared receptive, which was not previously the case. “Sir, you tried to send madam flowers, but she refused them,” said the court’s president.

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“My client was unconscious. Thankfully, she was quickly attended to by a passing doctor from the IM2S, until the emergency services arrived. Since that day, it has been a real struggle for the former teacher in the Principality,” argued Mr. Brandone from the Nice Bar, asking for the appointment of a court expert to assess damages and an advance of €5,000.

Prosecutor Julien Pronier took the floor: “In fact, the driver was following all the rules, it was a careless mistake. The accused is not a delinquent, but he is still responsible. I request a fine of €500.” A request that was perfectly acceptable to the defence, who described a “careful” driver and an “insured and well-maintained” vehicle. Mr. Bergonzi agreed that “tiredness and inattention are at the heart of this matter.” The Monegasque lawyer told the court that his client “had not been sleeping at night for over a month and was seeing a psychologist.”

After deliberation, the court agreed with the request by the Public Prosecutor’s Office and ordered the driver to pay a fine of €500. It will also order an expert appraisal and the payment of an advance of €5,000 as requested by the plaintiff.

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