An electric wheelchair is not a motor vehicle

A person with a disability was challenging the decision of an appeal court to compensate him only at 50% of his injuries, following a wheelchair traffic accident. The Court of Appeal held that she had made a mistake in part at the controls of her electric chair, which was the cause of the accident. According to her, the victim was the driver of a land motor vehicle within the meaning of the Law of 5 July 1985. The wheelchair meets the definition of

land motor vehicle

, since it is motorized and has a steering, a seat, an acceleration and braking device.

But this interpretation of the law is contrary to its spirit of protection, the Court of Cassation ruled. Assimilate the wheelchair to a

motor vehicle

would be to deny the will of the legislator who wanted to create, in 1985, special protection for victims of road accidents. These victims may include pedestrians, vehicle passengers, children, the elderly and people with disabilities. This Act provides for a right to compensation of all the damage caused, without seeking responsibility. Unless these protected persons have committed a inexcusable fault or voluntary they must be compensated in the event of the accident.

The judges recalled that a person with a wheelchair disability is considered a pedestrian. It shall not be considered as a driver of

motor vehicle

in the event of a traffic accident and must be compensated. Only drivers of motor vehicles may have their compensation reduced or even abolished in the event of misconduct.

The Court of Cassation quashes and quashes the decision of the Court of Appeal.