2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Drunk driving does not automatically lead to liability in the event of an accident. However, only under certain conditions, as can be seen from a recent judgment.
After an accident, under certain circumstances, even a seriously drunk driver can be absolved of all liability. This was the case in a case that the Landstuhl District Court (Rhineland-Palatinate) had to negotiate and to which the German Lawyers Association (DAV) in Berlin refers (Az.: 1 O 806/06).
Replacement of repair costs
A driver collided with a car coming from a lower street. The court awarded the accident victim, among other things, the reimbursement of repair and expert costs as well as compensation for the impairment of the car caused - although the police found that the man had a blood alcohol content of 1.68 per mille.
According to the opinion of an expert on which the court relied, even a sober driver could not have avoided the accident. Even an “ideal driver” wouldn't have had a chance. The alcoholization of the man thus played no role in the course of the accident. The polluter must be liable alone. (dpa)
