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Traffic – indicators set too early: does the driver have to give priority? – Economy

Koblenz (dpa / tmn) – In road traffic, one must not blindly rely on the indicators of other drivers. Anyone who actually has to wait because someone else has set the blinkers too early has to be held liable after an accident.

However, incorrect flashing and a corresponding delay can lead to joint liability if you do not turn off afterwards. This is shown by a judgment (Az .: 12 U 332/20) of the Higher Regional Court of Koblenz, to which the ADAC refers.

A motorist was approaching an intersection on a priority road. He had switched on the right turn signal and braked to around 25 km / h, although a speed limit of 70 was allowed. A waiting car driver at the intersection drove off because he suspected that the other would turn. But this did not happen and an accident occurred. The other driver would have wanted to drive into a factory entrance around 40 meters behind the intersection. The man with right of way asked for damages.

His argument: The other shouldn’t have started without being absolutely sure that he would actually turn at the intersection. The insurance company refused to do this, however, pointing out that the indicators set too early and the slowing down of the speed had exactly created this impression.

The right of way went to court. That split the liability in half. The blinker when the speed was reduced had given the impression that the plaintiff was about to turn off at the intersection. But the person required to wait should not have simply counted on the other person to turn immediately. In particular, there was no right-hand driving style that would have led to expect such a turning maneuver.

© dpa-infocom, dpa: 201229-99-844431 / 2

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