Verdict - BGH: Reversing with a trailer also counts as "towing"
The Federal Court of Justice (BGH) has clarified that reversing with a trailer also constitutes "towing" within the meaning of the Road Traffic Act. According to a ruling published on Friday, the Sixth Civil Senate in Karlsruhe found that Section 19 on the liability of the owner in accidents involving trailers and combinations covers every movement of the trailer by the towing vehicle, regardless of the direction of travel. Whether the trailer is pulled during the actual event or pushed during a maneuver, for example, is not relevant. "The only decisive factor is its abstract purpose of being attached to a motor vehicle in principle."
The BGH thus followed a decision by the Regional Court of Hanover and dismissed the appeal of a plaintiff. Following an accident involving a vehicle with liability insurance with a trailer with liability insurance with the defendant, the plaintiff had demanded that the defendant pay half of the costs totaling 930 euros. However, the BGH did not recognize any legal errors by the lower court. (Ref. VI ZR 98/23)
The Senate explained that with regard to trailer liability, the old version of the law had stated that the trailer was "intended to be carried by a motor vehicle". According to the explanatory memorandum to the law, the replacement of the words "to be carried" with "to be towed" was only for linguistic reasons. "This was expressly not intended to change the content." According to the law and the ruling, it is generally the owner of the towing vehicle who is liable. Exceptions only apply if, for example, the trailer poses a particular danger in individual cases due to an unusual characteristic such as excess length, excess width or as a heavy goods vehicle, or if it has a technical defect.
Judgment of the Road Traffic Act, Section 19
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- The ruling from the Federal Court of Justice in Karlsruhe, specifically the Sixth Civil Senate, has significant implications for drivers in Lower Saxony and beyond, as it clarifies that reversing with a trailer is considered "towing" under German traffic law.
- In a related case, the Regional Court of Hanover had previously ruled that a defendant was liable for damages caused during reversing with a trailer, a decision that was upheld by the Federal Court of Justice.
- The reversal of this case at the Federal Court of Justice underscores the importance of understanding the liability provisions for trailers and combinations outlined in Section 19 of the German Road Traffic Act.
- As a result of this judgment, drivers in Germany should be more aware of their responsibilities when towing trailers and ensure they are fully insured to avoid potential financial and legal consequences in the event of an accident or maneuver.
Source: www.stern.de
