Expert in fatal accident trial in Pristina: The pedestrian did not suddenly step into the road

At the trial of Vullnet Gashi over the fatal accident in the “Dardania” neighborhood of Pristina, Thursday’s hearing continued with the testimony of road traffic expert Ahmet Maxhuni. He stated that, considering the accident occurred on a road with three lanes in one direction and that the pedestrian was struck in the third lane, this means the victim had not suddenly entered the road.

This case is related to the accident that occurred in December 2023 in Pristina, in which pedestrian F.B. lost his life, “Betimi për Drejtësi” reports.

Maxhuni also said that, although there had been a large truck in front of the defendant, this did not constitute an obstacle because, according to him, Gashi should have exercised increased caution since the truck had been stopped.

According to the expert, none of the case documents indicate that the driver of the car had braked.

He added that he could not give a preliminary assessment as to whether the accident would have been avoided if the driver had been traveling at the permitted speed.

Maxhuni also stressed that he could not determine the exact moment when the late F.B. was struck, because there is no video recording showing the moment of impact, nor is there footage showing the car stopping at that moment.

According to him, at the moment of impact, the deceased had already fallen to the ground, while traces of damage to the vehicle were found on the windshield, on the right side of the car.

The expert also stated that the law allows pedestrians to cross the road at a distance of more than 50 meters from a pedestrian crossing.

The hearing also continued with the testimony of another traffic expert, Durak Cakiqi. He said that, based on spatial and temporal analysis, the driver of the car, in this case the defendant Gashi, had no technical possibility of avoiding the accident, because the vehicle’s stopping distance was longer than the distance from which he could have noticed the pedestrian.

Cakiqi said that, according to his assessment based on speed calculations and an analysis of the course of the accident, the collision occurred at the 53.52nd second of the video recording. He said the initial impact on the deceased was made by the front part of the vehicle, specifically the license plate on the left side, then the hood, and then the body was thrown onto the windshield of the car on the right side.

Among other things, Cakiqi explained that sports vehicles, due to their lower height, cause pedestrians to be thrown higher during impacts compared with standard vehicles.

He added that, according to analytical calculations, the accident could have been avoided if the speed had been up to 21 km/h, whereas at speeds above 40 km/h this would have been impossible.

Otherwise, the case was initially being tried by Judge Naime Krasniqi-Jashanica, but after her transfer from the General Department to the Misdemeanor Department, the case was reassigned to Judge Driton Berisha.

At the initial hearing held on October 18, 2024, the defendant pleaded not guilty to the criminal offense he is charged with.

According to the indictment filed on February 27, 2024 by the Basic Prosecution Office in Pristina, on December 2, 2023, on “Bill Clinton” Street in Pristina, Vullnet Gashi, while driving a car without a driver’s license in the right lane reserved only for buses and taxis, negligently acted in violation of the Law on Road Traffic Rules. According to the indictment, he failed to adjust his speed to the road conditions and its state and type, so that he could stop the vehicle in front of any possible obstacle, thereby endangering public traffic and people’s lives.

The indictment also states that, at the time when the now deceased F.B. was crossing the road outside the pedestrian crossing, in violation of the Law on Road Traffic Rules, from left to right in the direction of the vehicle’s movement, a truck was traveling in the middle lane. Upon reaching near “Euro Roleta,” the defendant, with the front part of the car, struck the deceased, who died as a result of the injuries sustained.

According to the indictment, the Autopsy Report dated December 12, 2023 found that the death of the late F.B. was violent and resulted from multiple trauma, and it also describes the bodily injuries he sustained in the accident.

With this, Vullnet Gashi is charged with the criminal offense of “Endangering public traffic” under Article 370, paragraph 9 in conjunction with paragraph 6 and paragraph 1 of the Criminal Code.