Question juridique clé
Whether the vehicle holder was released from liability because the accident was caused exclusively by the pedestrian's grave fault
Solution extraite
No. The insurer failed to prove that the accident was caused by the pedestrian's grave fault; release under Art. 59(1) LCR was therefore excluded.
Motifs extraits
The pedestrian's conduct did not amount to a grave fault on the established facts, and the requested accident expertise was properly refused under anticipatory appreciation of evidence.