“Your Honor, I was driving the speed limit and out of nowhere this man suddenly stepped out in front of me between two parked cars not paying attention to the traffic and I hit him before I could reasonably react”.
As Mithras was jaywalking over a for him red traffic light, while Auora had green, I really, really doupt any charges would stick to her. The situation is very clearcut, he walked into rolling traffic. No fault of hers. Mithras chances to win that one for damage are nonexistant.
This is not america where one can win for civil damage when the coffee is hot or the cat doesn't survive being dried in the microwave. Common sensedoes get applied in eurrope.
While the german traffic rules can be essentially be summarized to caution and mutual respect. In cases with pedestrians, drivers often (but not always) get a share of the blame.
BUT this case is quite simple for Aurora.
pedestrian --> red traffic light --> he had to wait!
driver --> green traffic light --> she could or better should/had to drive!
If she had a share of the blame depends on the speed of the car.
But depending on what i could read here, i think she won't get it.
Now on the question of was it assault/attempted murder or an accident
Well for one there would the need for proof beyond doubt.
Surveillance of the "victim" may give you a motive, but it is no proof.
The traffic light would be all the exonerating evidence you would need.
(One or two independent witnesses for the red/green traffic lights would be even better)
"Responsibility is on road users at all times to be able to react. Even if you could not reasonably react, you still hit the individual and thus the court finds in favour of damages to the plaintiff."
She hit him. In a civil suit, that is all that matters. Judge might choose to not award punitive damages, but they will award damages.
Hell, even if Mithras is only coming away from this with a broken arm, is found out, and is sent to prison. He could still sue Aurora for damages, and most likely win the case.
In german civil law, your chance for getting damages in cases like this, depends on some factors:
Those cases often land before (criminal) court where a judge has to convict her of negligence with consequential damage.
That requires an answer to following questions:
Is she to blame for the accident?
Is it her fault?
Could she reasonably have prevented the accident? If yes how?
In this case having a share of the blame is NOT ENOUGH! --> Again i don't think she will get convicted.
If she is concicted then the victim can sue for damages (with reasonable chances for success).
In this case, if it came to a private prosecution, given what would come out, who was involved, what the two were up to, it would not be beyond a good trial lawyer to comvince a jury in a civil case that it probably was deliberate and while a civil case can't impose a non-financial settlement, the level of that settlement could be very, very high.
In Germany there is no jury, just judges and layman judges. Even in civil cases. For the chances of success see above.
