Question juridique clé
Whether the driver's inattention amounted to gross negligence triggering recourse rights of the liability insurer.
Solution extraite
Yes. A driver who lets attention drift so far from traffic that he fails to notice, until the last moment, a clearly visible pedestrian crossing where a person has already mostly crossed a wide road commits a serious breach of elementary caution duties.
Motifs extraits
The court held that even unintentional negligence can amount to a very serious fault. The relatively long period of inattention, especially despite the driver's knowledge of the crossing, aggravated the misconduct.