2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Anyone who significantly exceeds the recommended speed on the motorway can be responsible for an accident even without a speed limit or being the cause of an accident. Such a judgment at the regional court in Karlsruhe.
If a car collides on the autobahn at an inspected speed of between 153 and 173 km / h with a transverse van that had skidded on the lane shortly before, the car driver cannot claim that the collision was "inevitable" and him I am not to blame, the judges at the Karlsruhe Regional Court (Az.: 3 O 172/08)
«A thought ideal driver»
He has to take into account the operational risk of his vehicle. He could only demand part of his damage to be reimbursed by the person who caused the previous accident (the court has set 20 percent as an operational risk). If the driver had kept to the recommended speed of 130 km / h for motorways, things could have looked different. A speed above the recommended speed does not normally lead to contributory negligence; nevertheless, the case law assumes that the “ideal driver” does not drive faster. If the driver cannot prove that the accident would have been unavoidable even at a maximum speed of 130 km / h, he would have to take his own operational risk into account.
