A biker, victim of a serious fall in Juigné-sur-Sarthe in 2019, asked the Nantes administrative court more than 2.5 million euros in the Sarthe department. In question, gravel on the roadway, responsible according to his accident and heavy afterlife. The court will render its decision in a month.
Company
From daily life to major challenges, discover the subjects that make local society, such as justice, education, Health and family.
France Télévisions uses your email address to send you the “Company” newsletter. You can unsubscribe at any time via the link at the bottom of this newsletter. Our Privacy Policy
On July 13, 2019, a 31-year-old biker slipped on a departmental road in Juigné-sur-Sarthe.
The link between the accident and the condition of the road is established by the official documents: “The minutes of gendarmerie services” and that of “Emergency services” report “The presence of gravel and pebbles where he says he has lost control of his vehicle”.
During a hearing at the administrative court, the public rapporteur stressed that“No other reason” was not found at this exit from the road in a “Large curve” where the biker “Was not driving at excessive speed”.
On the principle, it is “constant” that the applicant was the day of the accident “Departmental road user” And that it is entitled to request the commitment of the Department’s responsibility, network manager.
The magistrate recalled that “The realization of road works more than a year earlier is not enough to justify a regular maintenance of the public work”.
-She also cited case law: “Multiple examples of biker falls” In judgments of the administrative appeal courses of Versailles, Douai or Lyon.
According to her, “The department does not provide proof of the normal maintenance of the work; in the absence of risk behavior of the victim, it cannot invoke any exempt cause of its responsibility”.
The biker, recognized “disabled worker in the years 2023 to 2026”, Today sees his deeply impacted professional and personal life.
“His workstation had to be adapted and he is exempt from the wearing of heavy loads”, said the magistrate. The man says he “Devalled on the job market” and must deal with “An increase in arduousness” of his tasks.
The public rapporteur advised the court to condemn the department to pay “A little more than € 40,000 in compensation to the biker and nearly € 20,000 at the Primary Health Insurance Fund (CPAM) in Mayenne for the health expenses that she put forward for her social insured”.
The biker’s lawyer insisted on the need for a “Complement of expertise”, believing that “The report that had been rendered in 2021 by a first expert does not take into account all of the damages”. He quoted: “My customer had to take a motor vehicle with an automatic transmission. He continues to suffer from wrist pain”.
For his part, the lawyer for the department defended the community: “If there had been obstacles on the road, the department should have received alerts before the accident … Now it is not the case.”
The administrative court of Nantes put its judgment under deliberation and will make its decision in a month.
