The case concerns 32-year-old Tomasz K.—the driver of an Opel Astra who failed to yield while turning left. However, the motorcyclist also contributed to the crash. He was driving too fast.

On October 12, 2014, the victim went with a friend on a recreational motorcycle ride around Legnica—the last of the season. The men were riding Honda CBR 900 RR motorcycles. They headed toward Złotoryja.

When they were on the road alongside the Legnica copper smelter, the defendant approached from the direction of Złotoryja. Tomasz K. was heading toward KGHM Letia, located on the left side of the road. When he began turning, he failed to observe the road properly, as he did not notice the motorcyclist and failed to yield the right of way.

After cutting across the victim’s path, the motorcyclist struck the rear of the turning car. This destabilized his line of travel and caused him to fall onto the roadway, subsequently leading to a secondary collision between the motorcycle and a Renault Megane Scenic passenger car.

As a result of the crash, the victim suffered multiple injuries, particularly a craniocerebral injury, as well as a thoracic spine fracture with spinal cord transection and numerous internal injuries. The man died at the scene.

The applicable administrative speed limit on that stretch of road was 60 km/h. Weather conditions did not make driving more difficult. The crash was recorded by industrial cameras at the Legnica Copper Smelter. It was established that both drivers were sober. During the investigation, expert opinions were obtained from specialists in road-accident reconstruction.

The expert stated that the direct cause of the tragedy was both the victim’s failure to adjust his speed to the road conditions, exceeding the limit by approximately 103 km/h, and Tomasz K.’s failure to exercise particular caution while turning left.

Tomasz K. was charged with causing a traffic crash resulting in death. This offense is punishable by up to eight years in prison. When questioned as a suspect, Tomasz K. initially denied committing the alleged offense and gave explanations inconsistent with the surveillance footage.

During a subsequent questioning, after reviewing the evidence, the defendant refused to give an explanation while expressing his willingness to submit to criminal liability and agreeing to the conditions negotiated with him in this regard.

Taking into account the victim’s contribution to the crash, the prosecutor agreed with the defendant on a sentence of one year and three months in prison, suspended for two years, and compensation of PLN 7,000 for the victim’s next of kin.

Tomasz K. is from Przemków. He had no prior criminal convictions.

The case will be heard by the District Court in Legnica.

District Prosecutor’s Office in Legnica/ii