AZE.US
Drivers in Azerbaijan are often held responsible in pedestrian collision cases, even when the circumstances may point to possible fault on the part of the pedestrian, according to transport expert Elmaddin Muradli.
Muradli said he could not recall a case in which a court concluded that a pedestrian was primarily at fault and cleared the driver of responsibility.
“When a case reaches court, the driver usually faces either imprisonment or restrictions on freedom,” he said, arguing that the outcome often appears predetermined.
According to Muradli, investigators and courts should examine the full circumstances of each crash, including why the pedestrian was on the roadway, whether traffic rules were violated and whether the driver had a realistic chance to avoid the collision.
He also questioned the use of prison sentences in cases where the driver did not act intentionally.
Muradli said a proper investigation should rely on surveillance footage, measurements from the crash scene, vehicle speed, road lighting and other objective evidence rather than only on statements made immediately after the incident.
He also criticized the quality of some forensic assessments, claiming that expert reports can sometimes appear formulaic.
“An expert must inspect the scene, take measurements and review the video. It should not be a ready-made conclusion with only the name changed,” Muradli said.
He noted that a driver involved in a serious crash may be in shock and could give an inaccurate account of the vehicle’s position or direction of travel.
“If the camera footage shows something different, the expert conclusion should be based on the objective evidence, not only on what the driver said while under stress,” he added.
Muradli argued that drivers should not be treated as automatically guilty simply because a pedestrian was injured or killed. He called for each case to be assessed individually and for courts to consider possible violations by pedestrians as well as the driver’s actions.
AZE.US