L e firefighter was on trial for his responsibility in a collision, in Nîmes.
fire trucks parked in the vicinity of the palace of justice, many of the fire present in the hearing room of the criminal court : a case of traffic accident, was examined by the justice. It is a firefighter that was sent in corrections for his responsibility in unintentional injuries.
The case ? The sapper who drives a big truck to struggle against fire goes on fire, June 27, 2016. The driver triggers the siren and the flashing light and moving fast on the device of Nimes in the direction of the fire. But a passing motorist is liable and has not visibly respected the priority that must be assigned to the rescue vehicle.
He avoids the brunt of it
The fireman avoids the collision and at the same time an accident serious with multiple vehicles. But in kicking, he collided with another vehicle in which was a woman driver who had not committed any fault. The unfortunate was seriously wounded without his days are not in danger. An investigation led to the questioning of a fireman for unintentional injuries.
This Tuesday, in the face of the president Jean-Pierre Bandiera, the accused assured him that he had activated the siren and the beacon. Upstream of these explanations, the representative of the parquet, Gaëlle Ortiz, has notified the tribunal that it would not support the prosecution despite the prosecutions initially. This means that it is not a call for punishment against the fireman, after reviewing all of the evidence in the case, said the magistrate.
At the back of the room, many firefighters attend the debate, which the colonel Simonet, who, in command of the departmental Service of fire and rescue. The president says that the driver causing the accident has not been prosecuted in spite of his attitude dangerous with regard to the fire truck. The magistrate added that the weight of the truck was increased by 4 000 litres of water transported to extinguish the fire.
“All the rules were respected,”
In the absence of requisition, the judge finally gave the word to Me Bertrand Bouquet. The defence counsel has first referred to the news of the fire and the attacks against them. He also emphasized the control of the fireman in his conduct of the truck. Without his reflex to avoid the first car, the consequences would have been dramatic, he said. I Bouquet also referred to the case law of the Court of Cassation, which spreads the responsibility of the driver of the vehicle priority when the alarms sound and visual are on.
“All the rules of the highway code have been met, there has been no misconduct”, has hammered the lawyer, referring to the necessity to support the release. After deliberation, the court pronounced the acquittal of the accused. The case is going on now between insurance companies.
A judgment potentially national in scope
The judgement rendered by the correctional court of Nîmes was highly anticipated by professionals in the relief and in particular the fire department. In fact, they were eager for the tribunal to rule on the case even if they would have preferred that it did not happen just in front of the criminal justice system. For the colonel Simonet, who heads the departmental service of fire and rescue services (Sdis), this folder was iconic. Because the case could have national significance.
“can You imagine a team of firefighters, who share to save a life or extinguish a fire, and would be constrained by the risk of being sued ? In the summer, when a fire starts, it is necessary to intervene quickly. This judgment could have an impact on the behaviour of the firefighters who would have been able to say “Finally, we will go slowly”, says the boss of the fire department of the Gard. More broadly, this issue of emergency vehicle for all emergency vehicles : Ambulance, rescue units, police, gendarmerie, customs, ambulance and mine clearance.