It is conceivable, but that doesn’t make it not negligence. If you can’t see the sides of the road well enough to stop for something (or someone) running in the way, then you need to slow down.
FWIW I’ve lived places with large animals like this, and the main reason careful people drive slow in those areas is so the driver won’t die hitting an adult animal. Everyone is aware of this and most drivers knowingly choose risk everyone’s lives anyways.
This was neither faultless nor accidental because the elephant had a reasonable expectation of being allowed to cross, and a driver is always expected to drive a speed at which their stopping distance is less than their reaction distance. Sometimes that means you have to drive frustratingly slow.
It is conceivable, but that doesn’t make it not negligence. If you can’t see the sides of the road well enough to stop for something (or someone) running in the way, then you need to slow down.
FWIW I’ve lived places with large animals like this, and the main reason careful people drive slow in those areas is so the driver won’t die hitting an adult animal. Everyone is aware of this and most drivers knowingly choose risk everyone’s lives anyways.
This was neither faultless nor accidental because the elephant had a reasonable expectation of being allowed to cross, and a driver is always expected to drive a speed at which their stopping distance is less than their reaction distance. Sometimes that means you have to drive frustratingly slow.