2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
If cyclists commit several traffic violations, their liability share increases. A Munich cyclist had to experience this firsthand.
A collision with a car can be costly for improperly riding cyclists. This emerges from a judgment of the Munich District Court (Az: 344 C 26559/05), which was published on Monday. Usually, a motorist is liable for two thirds due to the operational risk of his vehicle, while a cyclist accounts for one third. In the event of several traffic violations by the cyclist, his liability share increases, the court ruled. This applies, for example, if a cyclist is traveling in the wrong direction, is difficult to see in the dark, and he ignores a warning light at a garage exit.
In the present case, a woman cycled in the wrong direction on the sidewalk of a one-way street. It was difficult to see in the dark. Although a warning light was blinking, she crashed into a car at an underground parking exit as it turned into the street. The cyclist suffered injuries and wanted compensation for pain and suffering and a reimbursement of medical expenses totaling 729 euros. The car was dented and scratched. The driver had therefore sued for reimbursement of the repair costs of 1057 euros. In the judgment, the judge deviated from the usual distribution of liability. The driver only has to be liable to one third, while the cyclist was imposed two thirds because of her violations. The verdict is not yet legally binding. (dpa)
