Inquisition into the party accountable for the engine malfunction.
If you're considering a turn, it's important to monitor traffic and assess the situation. But what happens if you've done that, yet your engine unexpectedly stalls, resulting in an accident?
Engine stalling isn't necessarily a major traffic infraction. However, if it occurs during a turn and leads to an accident, you could potentially be held accountable for the repercussions. This was evident in a ruling by the Braunschweig Regional Court, as pointed out by ADAC (Case No.: 5 O 16/24).
In this case, a man was operating an electric cab scooter on a priority road. Due to its characteristics, the light electric vehicle could only attain a max speed of 45 kph. A fire truck intended to turn left onto this road.
Clutch slip and engine stall
During the turn, the fire truck driver inadvertently slipped off the clutch, causing the engine to stall and the vehicle to halt. Despite the man's attempts to re-start the vehicle, an accident ensued involving the cab scooter. Regrettably, the cab scooter was totally destroyed.
The fire truck's insurance covered only half of the damage, alleging that the cab scooter driver should have identified and evaded or braked for the obstacle. The cab scooter driver insisted on full compensation, arguing that he was on the priority road, and the fire truck driver's error was solely to blame for the accident. The case went to court.
Insurance coverage in full
The court sided with the cab scooter driver. The fire truck's insurance was obligated to pay the full amount. Despite the fire truck, which was meant to yield, presumably judging that it would finish the turning maneuver due to the distance between the approaching cab scooter driver, the driver was still held entirely responsible, according to the court.
Although stalling the engine isn't a major traffic offense in and of itself, as long as it's not proven that the cab scooter driver could have responded otherwise, the fire truck driver remains solely accountable.
Legal consequences could arise if the fire truck driver contends that the cab scooter driver should have avoided the accident, despite the engine stall being an unintended issue. Furthermore, in any future legal matters related to this incident, the court's ruling regarding the fire truck driver's liability might serve as a precedent.
