articles about traffic accidents between motor vehicles and bicycles, the District Court of Itzehoe, a further decision by order of 30 Taken April 2010 and continued to the case law in this area consistently ..
In this case, a motorist followed with his vehicle along with caravans a cyclist. The driver continued to overtake on and ran over it, the existing solid Midline. Following the overtaking of cyclists came to the event and was seriously injured. The court ruled that the drivers take the sole blame for the accident.
The defendant (driver) has overtaken the injured cyclists in crossing the solid center line, even though the cyclist was allowed to rely on a subsequent drivers did not outdated because it offered at the lateral distance of only utilization of the deferred Fahrsteifens is possible. Although the solid center line as a lane restriction protects primarily the oncoming traffic. Its purpose, however, that right only is driven from the line. It protects such a marking the confidence of the vehicle in front, not to face a skier shall.
With this ruling continued the existing case law consistently. The solid middle line does not prevent overtaking. A cyclist can but trust that a following driver does not overtake him, if necessary at the lateral distance only with use of defined Fahrsteifens is possible (as already BGH, VI ZR 66/86).
A driver has in principle at least 1.5 keep feet side clearance. For slopes of the distance to be maintained with at least 2 meters is much larger. The previously described side clearance is regulated by law exactly. The Highway Code speaks rather of a sufficient side clearance. Also, the rider should keep a safe distance from the right side of the road and especially of parked cars. According to the Berlin Regional Court (even older: 24 O 466/95) must be sized to the distance so that the cyclist an opening car door can not bring in a dangerous situation. In practice this should rarely be the case.
Despite the clear requirements for drivers and cyclists, there is no generally accepted statement on liability. This must be checked in each specific case based on the different circumstances in order to assess the division of liabilities.
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law Traffic Law and member of the consortium in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations quickly and efficiently.
more info: www.verkehrsrecht-24.de
lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin , Eichendorff Strasse 14, 10115 Berlin
0 comments:
Post a Comment