Pedestrian/Tram Accident: Is It Considered a Traffic Accident?

The Second Civil Chamber of the Court of Cassation held that a pedestrian who lost their balance and collided with a tram may invoke the Law of 5 July 1985, as the tram was not operating on a dedicated track.

Article 1 of the Law of 5 July 1985 provides:

"The provisions of this chapter apply, even when transportation occurs under a contract, to victims of a traffic accident involving a motor vehicle and its trailers or semi-trailers, with the exception of railways and trams running on their own tracks."

In the case at hand, the tramway track was not dedicated to tram operation: it was not physically separated from the adjacent sidewalk, there was no barrier preventing the victim from falling onto it, and its elevation did not clearly demarcate it from pedestrian areas.

Accordingly, a detailed analysis of the site layout is necessary before initiating any legal action.