Officer could face responsibility for patrol vehicle harm.
A police officer speeding through Berlin on his way to an incident caused a crash. Now, he has to share the blame and pay for half of the damages. The court ruled that he should've driven with more caution taking the weather conditions into account.
In Berlin, a police officer could face legal consequences if they drive too fast considering the current traffic situation. This is what happened to a police officer who was sued by his employer - the Administrative Court of Berlin threw out the lawsuit. The officer had been going over 90km/h. He was considered to have severely neglected his duty of care.
In November 2017, the police commissioner of Berlin was ordered to investigate a reported burglary in Berlin-Lübars. The officer was in a rush, driving at over 90km/h in poor weather conditions. He collided with another vehicle despite braking hard at a speed of around 30-35km/h.
The police commissioner's employer accused him of gross recklessness with regard to his duty of care and demanded he pay for the damages to the operations vehicle. The commissioner, however, claimed it was just simple negligence in driving. The urgent need to catch the burglars at the scene justified his speed, the officer claimed. The Administrative Court disagreed and quit the lawsuit.
Balance between responsibilities and safety
Even though police officers have special privileges, going over the speed limit is allowed only if it's proportional to the risk of endangering the public, the court mentioned. The plaintiff hadn't balanced his speed with the potential hazards properly.
The officer should've been more careful when approaching the crash site, the ruling declared. In addition, the operation's goal of catching potential burglars didn't justify the threat to anyone else's safety. It was a non-emergency situation.
As a result, the police officer was found responsible for half of the damages. He owes around €4,225 to be paid. The other party in the crash also shares the responsibility. The court's decision on March 18th hasn't come into force yet.
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The Administrative Court in Berlin launched an investigation into the police commissioner's handling of a reported burglary, questioning his judgment due to driving at high speeds in poor weather conditions. Under international legal standards, a police officer in Berlin could potentially face charges for reckless driving if they disregard the balance between responsibilities and public safety.
Source: www.ntv.de
