Driver who drove to death in a bus shelter receives effective imprisonment and driving ban (interior)

The accident happened on August 21, 2023. At that time, Inès Moula was in a bus shelter on the corner of Vierlindenstraat and Ooigemstraat, together with her mother Farah Debbar and a third woman, Sadaf Sadat. The 65-year-old driver ran into the bus shelter: Inès did not survive the accident, Farah and Sadaf were seriously injured but survived.

The 65-year-old driver turned out not to be under the influence of alcohol or drugs and there was no excessive speed. « It was due to the driving behavior of sir. There is no force majeure and he must be punished in principle, » said attorney Tom Janssens during the plea in March. According to the defendant, there was a force majeure: he claimed that he briefly lost the consciousness by the warmth and therefore went for acquittal.

The judge decided Friday not to accept that question and sentenced the 65-year-old man to an effective prison sentence of six months, 2,400 euros fine and one year driving ban. He must also take medical, psychological, practical and theoretical tests if he wants to get his driver’s license back.

“Human shortcoming”

« The accident was probably not due to reckless driving behavior, but to a human shortcoming, » said the judge in the verdict. « The crucial question was whether the accident was avoidable, and at least there was a manifest inattention with the driver. After the facts, he immediately said that he had a small blackout and his delivery van still corrected slightly just before the collision. » The judge did not consider it proven that there was an unexpected loss of consciousness and blames the accident on inattention, « resulting in an incredible and no longer good suffering. »

The civil parties were not present at the ruling.