Three-wheeled, financial compass

Three-wheeled

(verpd) A cyclist who drives against the direction of driving on the sidewalk contrary to the direction of travel and collides with a coming from a side street vehicle whose driver has no unobstructed view, is solely responsible for the consequences of the accident. The district court of Wiesbaden has decided in a dispute (Ref .: 91 C 1333/15). A man wanted to get his car coming from a side street into a main road when he collided with a cyclist. The cyclist drove contrary to the direction of driving on the pavement of the main road. However, although he was told by a parked vehicle, the view into the intersection, from which the car came, was covered, the cyclist went on without hesitation. The passenger driver complained to the cyclist about his claims for damages. Because the cyclist wanted to participate only with a quota of 75 percent of its claims expenditures. The cyclist or his private liability insurance representing him was in fact of the opinion that the motorist despite all a contributory negligence of the accident and he at least from the operational risk of his vehicle liable. But that did not want to join the Wiesbaden district court. There was the driver’s claim for reimbursement of the remaining 25 percent.

Most frivolous

In the opinion of the court, the defendant cyclist by his behavior grossly violated the general due diligence obligations within the meaning of Clause 1 (2) StVO (Road Traffic Act). After all, a road user must act in such a way that no one else is harmed, endangered or more than unavoidably hindered or harassed by the circumstances. The defendant’s behavior was considered “most frivolous” by the court. Because this adult was not only with his bicycle wrong – and that contrary to the general direction of travel – driven on a sidewalk, but has also crossed without hesitation, the road junction.

Operating hazard completely recedes

The defendant had to reckon with the fact that vehicles coming from the side street had to grope slowly because of the obstruction of their visibility due to the parking vehicle in order to gain access to the main road. Therefore, before crossing the confluence, the defendant would have been obliged, if necessary, to dismount. In the opinion of the Court, under the circumstances, the operational risk of the applicant vehicle is also completely reduced by the defendant’s grossly anti-competitive behavior, so that he alone is liable for the consequences of the accident.

Cost protection for cyclists

By the way: If in a traffic accident, the question of guilt is not clarified, usually takes over for the motorist, the motor vehicle liability insurance of the car, the cost of the clarification of liability and ultimately the resulting damage costs of the cyclist. If a cyclist or even a pedestrian involved in the accident, this would have to pay the costs incurred from a lawsuit on the question of guilt, but also the claims made to him by the accident opponent legitimate claims out of pocket. It is different if the cyclist or pedestrian has a personal liability insurance. On the one hand, it helps the cyclist to defend himself against false accusations or against excessive claims for damages. However, if the cyclist or pedestrian is guilty and if he is obliged to pay compensation, as in the aforementioned case, he will also assume the damage of the other party.

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Christina Cherry
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