Białystok. A 23-year-old woman was seriously injured in the accident. She died after two months. The court sentenced the policeman

The court issued an invalid judgment regarding the accident that occurred on March 21, 2021 after 10 on Towarowa Street in Białystok.

A policeman during his off-duty time, leaving Łąkowa Street in his private Opel, drove out in front of a BMW driver who was driving along Towarowa Street. The BMW bounced off the side of the Opel and was thrown into the other lane. It hit a city bus traveling in the opposite direction. Fortunately, it was traveling without passengers.

The passenger in the BMW was a 23-year-old woman. She was taken to hospital in a very serious condition. She had, among others, brain swelling. She was also in a medically induced coma for a long time.

There was a collection of money for the rehabilitation of the 23-year-old. The woman died two months after the accident.

The prosecutor's office brought charges against all three drivers. She accused the driver of the Opel of having unintentionally violated road safety rules by merging into traffic, failing to yield the right-of-way to the BMW driver, leading to an accident in which the passenger of the BMW suffered fatal injuries.

The bus driver was accused of not being particularly careful and inattentive to what was happening on the road because he was using a mobile phone at the time, he did not notice the collision between the BMW and the Opel and was late in taking any defensive maneuver, which led to the bus collision. from BMW.

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However, the BMW driver was accused of driving too fast (according to the experts appointed in the investigation, at a speed of nearly 100 km/h), which led to the collision with the Opel and the consequences of the accident.

The prosecutor's office wanted suspended sentences for all three defendants, as well as temporary driving bans for all three of them. They also had to pay PLN 10,000 each. PLN as partial compensation to the mother of the young woman – victim of this accident.

On Wednesday (October 9) in the District Court in Białystok, the parties made their closing arguments and the verdict was passed. The defender of the Opel driver, attorney Jan Oksentowicz, wanted acquittal.

– The BMW driver was driving at twice the speed limit – he said.

He said that every participant in the movement has the right to expect that others will follow the rules. He argued that his client – when he joined the traffic – assumed that this was the behavior of a BMW driver. In his opinion, there is a cause-and-effect relationship between the behavior of the driver of this car (exceeding the speed limit) and the result of the accident.

However, the defender of the BMW driver, attorney Ewa Andrzejewska, referred to the opinion of an expert not from the investigation, but one appointed by the court. This specialist estimated that the BMW was traveling not at a speed of close to 100 km/h, but at 74 km/h.

Attorney Andrzejewska said that the direct cause of the accident was the behavior of the Opel driver, while in the case of her client it could only be said to have been a contributory factor. She emphasized that he had less than a second to react when the Opel left the minor road.

However, the bus driver's defender, attorney Jowita Grochowska – admitting that he committed an offense by using the phone while driving – emphasized that “you cannot force the vision that someone other than the driver who left the minor road is to blame for this event.” “.

The District Court in Białystok found that the direct cause of the accident was the behavior of the Opel driver and sentenced him to one year in prison, suspended for two years. He also imposed a one-year driving ban.

The court assessed that the driver had unintentionally violated traffic safety rules, did not yield the right-of-way, and thus caused the accident.

He considered the recording from the bus camera showing the moment of the collision to be “iron” evidence.

Justifying the judgment, Judge Piotr Markowski emphasized that a driver entering traffic is able – with few exceptions – to assess the speed at which a vehicle is approaching on the road with the right of way.

– When approaching an intersection, it is my duty – if I am approaching from a minor road – to let other vehicles moving with priority pass – said the judge.

– There is no doubt about it. If I do not give way and cause an accident, I will certainly be directly responsible for it – he emphasized.

He also pointed out that the circumstances of the accident could be considered “common” – a lack of concentration and attention on the road.

– Which in this case, combined with the other, unfortunately unfortunate elements, had a truly tragic effect – said Judge Markowski.

The court assessed that the driver of the BMW and the bus only committed traffic offenses. The first one exceeded the speed limit, the second one used the phone while driving. The proceedings against both were discontinued due to the statute of limitations on their criminal records.

When we ask Subinspector Tomasz Krupa, spokesman for the Podlasie police, whether the convicted uniformed officer is still on duty, he confirms.

– The judgment is not final – he emphasizes in an interview with tvn24.pl.

When asked whether if a final conviction was passed, the policeman would be dismissed from service, he informs that when it comes to unintentional violation of safety rules – as is the case here – the decision on possible dismissal from service is made by the superior.

– For now, as I mentioned, the verdict is not final – emphasizes the deputy inspector. Groats.