Truck driver convicted of unintentional homicide
Høyesteretts dom 26. september 2024, HR-2024-1718-A, (sak nr. 24-050061STR-HRET), straffesak, anke over Borgarting lagmannsretts dom 31. januar 2024.
A truck ran over an e-cyclist in a busy intersection in Oslo, resulting in the cyclist's death. The collision occurred when the truck, after receiving a green light, turned right and crossed the cyclist's path straight ahead. The driver had not seen the cyclist, who was riding in the bike lane to the right of the truck.
The Supreme Court concluded that the situation required particular caution from the driver, partly because the truck had a duty to give way to the cyclist. Since the cyclist had been visible in the driver's mirror for six to seven seconds after the green light, it did not merely concern a brief lapse in attention. Although the cyclist was traveling at a relatively high speed, the conduct was not so extraordinary that it carried significant weight in the assessment.
The driver's appeal against the Court of Appeal's procedure was also dismissed. The sentence was set at 60 days of imprisonment and a loss of the right to drive for three years.
The ruling clarifies the threshold for conviction of unintentional homicide in traffic.
Read the whole judgment (Norwegian only) (PDF)
Areas of law: Strafferett, vegtrafikkrett, straffeloven § 281, trafikkreglene § 7
Key paragraphs: 33–35
Justices: Indreberg, Matheson, Noer, Falch, Sivertsen