1. Accident Summary
A driver parked a manual transmission car on a sloped residential road near their home. After turning off the engine, the driver exited the vehicle without properly engaging the handbrake. Additionally, the gear was left in neutral.
Several minutes later, the unattended vehicle began to roll slowly downhill. It crossed the curb and struck a 70-year-old pedestrian who was walking on the sidewalk. The pedestrian suffered severe head injuries and was taken to the hospital, where they were later pronounced dead.
2. Fault and Responsibility
The investigation determined that the accident was caused by the driver’s failure to properly secure the vehicle. By not engaging the handbrake and leaving the gear in neutral on a sloped road, the driver acted negligently. Although the driver was not present when the vehicle began moving, responsibility remained with them because of the improper parking procedure.
The pedestrian had no fault in the incident. They were walking lawfully on the sidewalk and could not have predicted or avoided the vehicle rolling toward them.
3. Legal Outcome
The driver was found guilty of careless driving and gross negligence manslaughter. The court imposed a suspended prison sentence, ordered 120 hours of community service, and issued a 12-month driving ban.
In terms of civil liability, the victim’s family received compensation through the driver’s automobile insurance. Due to the nature of the negligence, the insurance company partially reclaimed the payout from the driver.
This case serves as a legal precedent confirming that a driver’s responsibility extends beyond being physically in the vehicle. Properly securing a parked car is a legal obligation, especially on sloped roads.