Questione giuridica chiave
Whether X breached the duty of prudence under road traffic rules when entering the road from a rural path.
Decisione estratta
The cantonal court had not sufficiently examined whether X violated the duty of prudence; the negligence finding could not stand on the existing findings.
Motivazione estratta
The court held that the applicability of the creeping-out rule depends on restricted visibility. Here visibility was initially 55 meters and increased on entry; it was doubtful that creeping forward was required. The court also stressed that Y, coming from a blind bend, had to adapt speed to the visible distance and that the record lacked findings on Y's visibility range and on the speed X had to anticipate.