Who bears accountability for the accident, the negligence, the fatal outcome?
In a scenario where an individual intends to turn left, they have the responsibility to pay close attention to oncoming traffic. Failure to do so could potentially lead to shared liability, even if the oncoming vehicle was traveling excessively fast.
This conclusion stemmed from a case heard by the Schleswig-Holstein Higher Regional Court (OLG). The case details (Az.: 7 U 91/23) were issued by the Association of Traffic Law of the German Lawyers' Association (DAV).
Fatal accident occurrence
The incident involved a deadly crash: A motorcyclist aimed to overtake an ambulance in a construction area and accelerated significantly beyond the permissible speed limit. An expert report concluded that he was traveling at an estimated 109 to 124 kilometers per hour, while the designated speed limit was merely 50 km/h.
In the opposing lane, a car driver was attempting to make a left turn. Despite knowing the existing speed limit, they underestimated the motorcyclist's speed and believed they still had the opportunity to turn safely. However, their judgement proved incorrect, leading to tragic consequences. The motorcyclist was forced to apply sudden brakes, lost control, and collided with the vehicle, resulting in fatal injuries at the scene.
Subsequently, the motorcyclist's relatives sought compensation from the car driver, claiming full liability for both non-material and material damages. The matter proceeded to court.
Explanation for 50-50 liability division
The court acknowledged the motorcyclist's excessive speeding as a significant contributing factor to the accident. However, they also recognized the car driver's lack of attention and inaccurate estimation of the motorcyclist's speed during their turning maneuver as a contributing factor. As a result, the court ruled a 50-50 division of liability, considering both parties' actions.
In this 50-50 liability division, the court deemed both the motorcyclist, acting as a consumer of the road with excessive speed, and the car driver, who failed to correctly estimate the motorcyclist's speed, to share fault. The motorcyclist's violation of speed limits, similar to a consumer skimping on safety measures, had consequences, while the car driver's lapse in attention, as a consumer of information about the road situation, resulted in shared liability.
