Munich (dpa / tmn) – Cyclists must also adhere to the duty of care in traffic. Otherwise you are solely liable after an accident. For example, when they drive off the sidewalk onto the street without paying attention to the right of way. This is shown by a judgment of the Munich Higher Regional Court (Az .: 10 U 2847/20), to which the ADAC refers.
In the specific case, a 15-year-old first cycled on a bike path, then crossed a sidewalk and got onto the street. There she collided with a car. She stated that she stopped at the sidewalk and only then drove onto the street. The driver was way too fast, especially since hedges, bushes and parked cars obstructed the view. She asked for damages and compensation for pain and suffering.
The motorist’s insurance does not want to pay
The driver’s insurance refused to do either. He drove slowly at 32 km / h. The cyclist, on the other hand, drove onto the road without paying attention to the driver’s right of way. The matter went to court. With success for the driver. During the proceedings it was proven that he drove at a speed of around 30 km / h and was not obliged to go to walking pace.
Concrete evidence of a dangerous situation was therefore missing. At first the cyclist was not visible through the hedge and the driver had right of way.
The cyclist hadn’t stopped
The cyclist’s claim to have stopped was also refuted. An expert determined that it crashed at around 15 km / h – accelerating so quickly from a standstill was considered impossible. In addition, a sign “give way” indicated the situation. A 15-year-old should have known the meaning. Due to the considerable breach of care, the cyclist had to be solely liable.
© dpa-infocom, dpa: 210225-99-592955 / 2
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