Kuwait Court of Cassation principle number 3832

The direct actor. His definition. The difference in nature between direct infliction and indirect causation. The direct actor’s liability for blood money. Its basis. His direct infliction of the harm. Negating fault on his part or the occurrence of fault on the injured person’s part. Its consequence. His liability is not extinguished. The injured person’s intentional self-injury or the injury occurring as a result of his gross and intentional conduct. Its consequence. Extinguishment of the direct actor’s liability. Inferring this is within the authority of the court of merits. Its condition. - The insured vehicle colliding with the injured person’s vehicle after the latter changed its direction to the same direction as the first vehicle. Injury to the driver of the second vehicle. The consequence thereof: the movement of the insured vehicle caused the injuries as a result of its collision with the second vehicle, and the driver of the first vehicle is the direct actor. This is not altered merely by the driver of the second vehicle, in which the injured person was present, swerving into the part of the road occupied by the first vehicle. Reason therefor: this swerving amounts to no more than a violation of traffic rules and does not rise to the level of gross and intentional misconduct that does not remove the characterization as direct actor.