Acórdão nº 9610589 de Court of Appeal of Porto (Portugal), 12 de Fevereiro de 1997
Magistrado Responsável | FONSECA GUIMARÃES |
Data da Resolução | 12 de Fevereiro de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: PROVIDO PARCIALMENTE. ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR CIV - DIR RESP CIV.
Legislação Nacional: CCIV66 ART562 ART564 N2 ART566 N2. CPC67 ART663 N1.
Jurisprudência Nacional: AC RP PROC0310797 DE 1991/01/09. AC STJ DE 1994/05/05 IN CJSTJ T2 ANOII PAG86. AC STJ DE 1979/01/09 IN BMJ N283 PAG260. AC STJ DE 1979/01/30 IN BMJ N283 PAG296. AC STJ DE 1981/05/19 IN BMJ N307 PAG242. AC STJ DE 1986/05/15 IN BMJ N357 PAG412. AC RC DE 1985/02/21 IN CJ T1 ANOX PAG69.
Sumário: I - É de atribuir 25% de culpa para a vítima ciclomotorista e 75% para o arguido automobilista na eclosão de um acidente de trânsito ocorrido nas seguintes circunstâncias: O ciclomotorista circulava pela metade direita da faixa de rodagem ( recta com mais de 600 metros, onde a via tem 7,3 metros de largura ), a cerca de 50 km/h, tendo decidido ultrapassar um veículo automóvel que seguia à sua frente, também pela metade direita dessa faixa, apesar de no local haver sinalização a proibir a ultrapassagem e existir marcada no pavimento linha contínua a separar as duas faixas. Não havia trânsito em sentido contrário. Quando se encontrava a efectuar a ultrapassagem, seguindo já paralelamente ao automóvel, o condutor deste iniciou manobras de mudança de direcção para a esquerda, sem a assinalar previamente e sem se certificar da ausência de perigo, tendo guinado abruptamente para a esquerda no momento em que estava a ser ultrapassado, a fim de entrar numa estrada municipal que vem entroncar na estrada por onde circulavam o ciclomotor e o automóvel. O ciclomotorista, embora tendo ainda desviado a...
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