Andorra Court Rejects Driver's Claim Over Anti-Terror Bollard Crash

A driver’s claim against Escaldes-Engordany commune for vehicle damage after colliding with an anti-terrorism bollard has been rejected by Andorra’s Superior Court.

The incident occurred on Carrer Ciutat de Sabadell in Escaldes-Engordany, where the woman’s car struck a bollard with its front right wheel. She sought €5,735 in repair costs, plus legal interest from the date of the accident and fees for her lawyer, procurador, and any experts. The bollard formed part of security measures along Avinguda Carlemany to prevent vehicle-based terrorist acts.

In her initial account, the driver described the bollard as un-signposted; she later revised this to say it was marked but inadequately. The commune countered forcefully, accusing her of bad faith in misrepresenting witness statements. It argued that evidence showed she had deviated from her path—intentionally or through carelessness—on a straight, flat road with full visibility, hitting a clearly marked bollard outside the designated vehicle lane. This victim fault, the commune said, not only absolved it of liability but severed any causal link between its actions and the damage.

The court upheld the lower court’s ruling, finding the bollard properly installed, functional without obstructing traffic, and adequately signposted. The street measured 3.60 metres between pavements at that point, leaving at least 3.20 metres for vehicles. It confirmed the commune had met its signalling and maintenance duties, attributing no blame for the crash.

The judges dismissed the appeal and ordered the driver to cover costs, citing the temerity and evident bad faith in her arguments, which they said twisted the original judgment and witness testimony. The bollard’s anti-terrorism purpose went unchallenged.