He will answer for causing a fatal crash while drunk, although the sober driver was mainly at fault

The accident was also contributed to by the other driver, now the accused—a 42-year-old Jarosław Ś. from Lubin. He hit a car that was travelling improperly. As it turned out, he was drunk.

How did the accident happen?

The tragedy occurred on 24 June 2014. The man who died was driving a Volkswagen UP. He was travelling from the direction of Chojnów. Before a slight incline, and therefore without knowing whether he could complete the manoeuvre safely, he began overtaking a Ford Mondeo.

At that time, the accused was driving towards him from Lubin in an Opel Vectra. He was drunk, with 2‰ of alcohol in his blood. When he reached the top of the incline, he saw two cars travelling alongside each other. The Volkswagen was in his lane. Surprised by the situation, Ś. swerved sharply to the left and then began braking. Although the Volkswagen driver had already begun moving back into the correct lane, the vehicles collided.

The Volkswagen driver suffered such severe injuries, including a transverse fracture of the thoracic spine with spinal cord damage, that he died at the scene. Jarosław Ś. suffered bruising to the head and chest and a broken finger on his left hand.

What does the expert say?

The road traffic expert appointed in the case stated that the Volkswagen driver created the dangerous situation. He should not have begun overtaking before the incline, where visibility was limited. However, the accused man from Lubin also contributed to the accident. If he had begun braking without first turning the wheels to the left, the vehicles would not have collided.

Charges against one of the people responsible for the accident

Taking the expert’s findings and Jarosław Ś.’s intoxication into account, the prosecutor charged him with causing a fatal accident while under the influence of alcohol. The man from Lubin admitted committing the alleged offence and explained that, after seeing the Volkswagen, he began braking but did not turn the steering wheel—the car itself began moving into the left lane.

According to the prosecutor, this is contradicted by the findings made during the inspection. Marks indicating that the wheels had locked were discovered at the time, demonstrating that he had made the disputed manoeuvre.

Jarosław Ś. had no previous convictions. He now faces up to 12 years in prison and a lifetime ban on driving motor vehicles. The case will be heard by the District Court in Lubin.

District Prosecutor’s Office in Legnica/ii