A tractor's thrown stones strike a bicyclist.
A tractor was moving along the side of a road while mowing a meadow. It threw up stones in the process, injuring a motorcyclist. The tractor's driver didn't want to take blame for this. So, how would a court handle this situation?
When a machine is used like a motor vehicle to perform tasks while moving, it is considered to be "in operation." If a tractor fitted with the appropriate tools is mowing a meadow while traveling on the road and results in harm to others, it is regarded as operating as a motor vehicle. This means that the owner's insurance company is accountable for the damage. The Munich Higher Regional Court (OLG) has set this precedent in a case mentioned in the ADAC (Ref.: 10 U 683/23 e).
In this instance, a motorcyclist was riding his bike on a rural road. Next to it was a field being mowed by a mowing tractor that was driving by the road's edge. As the biker passed the tractor, he heard a crackling sound and felt pain on his shin. The biker stopped and noticed that the paint on his new motorcycle had been chipped off, and he was bleeding from a wound on his calf.
He spoke to the tractor driver, explaining the situation. The driver claimed that the motorcycle was at least three-quarters to one meter away from the road (the shoulder). He also argued that it was a working machine and that the damage wasn't caused while it was being used as a motor vehicle, hence liability was excluded. The case went to court.
In operation as a motor vehicle or not?
The biker was victorious before the Higher Regional Court. The opposing insurance company had to pay for the damage. The court stated that the motorcycle was damaged by stones that were hurled by the mowing tractor as it drove along the road shoulder. Therefore, there was also a connection to the tractor's operation as a motor vehicle. Consequently, the tractor's owner was solely liable.
Note: If the mobility and transportation functions of a motor vehicle cease to matter, and it is simply utilized as a work tool, liability according to the Road Traffic Act (Section 7(1) of the Road Traffic Act) can no longer apply. However, the tractor was in motion, so this regulation did not apply in this scenario.
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- Following the court's judgment, the insurance company was held responsible for the damages caused by the stone thrown by the mowing tractor, as the tractor was considered to be operating as a motor vehicle at the time of the incident.
- The advisor from ADAC suggested that the motorcyclist should seek legal counsel to strengthen his case against the tractor driver, as the driver argued that the mowing tractor was not operating as a motor vehicle during the incident.
- The police report stated that the motorcyclist was legally riding on the shoulder of the road when the stones were thrown by the passing tractor, which resulted in injuries and damages to his bicycle.
- The judgments made by the courts in such road traffic accidents can serve as a guideline for future cases, ensuring that both bicycle riders and vehicle drivers are responsible and accountable for their actions on the road, thus protecting the rights and interests of the consumers.
Source: www.ntv.de
