Key legal question
Whether the cantonal court's reconstruction of the accident and finding that the car was only 51 meters from the intersection was arbitrary.
Extracted holding
Yes. The distance finding rested on assumptions that contradicted the court's own factual findings and the evidence, so it could not stand.
Extracted reasoning
The court's timing and distance calculation ignored that the truck's maneuver lasted eight seconds and was already completed when the car hit the fence. On the court's own premises, the car must have covered a much greater distance, which made the factual reconstruction internally inconsistent.