Accident with emergency ambulance: Both parties pay half

Court ruling - Accident with emergency ambulance: Both parties pay half

If a driver collides with an ambulance at a traffic light when the light is green, it may be legal to split the material damage equally. This is the result of a decision published on Monday by the Frankfurt Higher Regional Court (OLG). According to the ruling, the driver of an ambulance may only cross an intersection at a red light if he or she is convinced that other road users are aware of this and are prepared for it. (Case no. 17 U 121/23)

In this particular case, the parties were in dispute over compensation following a traffic accident in Wetzlar. A driver and an emergency vehicle had approached a junction with traffic lights at the same time. The traffic light had turned green for the car, while the traffic light for the emergency vehicle was red at the time. As a car in front of the car did not start despite the green light, the driver moved into the left lane and drove into the junction. There he collided with the emergency vehicle, which was traveling with its blue lights and siren on. Both vehicles were damaged.

The owner of the car sued the operator of the emergency service for payment of 75 percent of the damage. The regional court had previously ruled that the damage should be split equally. Following an appeal by both parties, the Higher Regional Court has now confirmed the decision of the Regional Court.

In the view of the Higher Regional Court, the driver of the emergency ambulance breached his duty of care when using special rights. Although emergency service vehicles are exempt from the road traffic regulations during operations, road safety always takes precedence over the rapid progress of the emergency vehicle. In the case in question, the driver of the car had also committed a serious traffic offense by not paying attention to the special signals of the emergency vehicle. "A prudent driver would have at least assumed that the traffic situation was unclear and adjusted his driving style accordingly," the court explained the decision, which cannot be appealed.

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1. In the wake of the court judgment in Frankfurt, both parties involved in the traffic accident in Wetzlar, Hesse, have been ordered to pay half of the material damage caused.
2. The traffic light at the junction had turned green for the car, while the emergency ambulance awaited its turn with a red light.
3. The operator of the emergency service was initially expected to pay 75% of the damage, as per the car owner's lawsuit, but the Higher Regional Court in Frankfurt has upheld the ruling of the Regional Court.
4. The court judgment states that the driver of the emergency ambulance breached their duty of care by using their special rights during the operation, disregarding the importance of road safety.
5. Following the accident, both vehicles suffered material damage, and the case went to trial due to the dispute over compensation.
6. The timely arrival of the emergency vehicle could have potentially saved lives or prevented further damage, but the negligent actions of both drivers ultimately resulted in a financial burden for both parties.
7. As a result of this court judgment, future cases involving similar circumstances could lead to similar rulings, emphasizing the importance of adhering to traffic rules even during extraordinary situations such as emergency responses.

Source: www.stern.de