The road traffic regulations regulate in paragraph 32 that vehicles in Germany can be up to four meters high. At around this height, the bay window of an older house on the main street in Porta Westfalica protrudes over the sidewalk into the street – six centimeters.
Accidents over and over again
According to witnesses, there were repeated contact between tall trucks and the house. The court even speaks of an accident blackspot. Although the bay window is supposed to be 4.05 meters above the roadway, it is assumed that trucks can swing when they turn on the accelerator after turning into the street and then rise higher than their maximum overall height for a short time. However, it is also possible that truck drivers use the sidewalk and therefore ram the bay window.
2600 euros damage
The accident that was going on in court happened in 2016. A truck damaged the bay window, the damage to the house and vehicle amounted to around 2600 euros. The car insurance settled the damage and wanted to get the money back from the city of Porta-Westfalica. The insurance company argued that the city had violated its traffic safety obligations. The truck driver didn’t have to expect a building to get in his way. He could neither see that the bay window extended into the street, nor could he estimate the clearance height.
The Bielefeld Regional Court dismissed the action, and the insurance company’s appeal to the Hamm Higher Regional Court was now unsuccessful. The city does not have to pay for the damage.
According to the judges, the regulation that vehicles may be four meters high does not necessarily mean that drivers can always count on free airspace at this height. The duties of a municipality also depend on the importance of the street. The main street in Porta Westfalica is “not important for traffic”. It is an ordinary inner-city street with normal traffic. “The duty to protect road users begins where road users can no longer protect themselves in a reasonable manner because the dangers for an average careful person are not recognizable or can not be recognized in time and the user is not able to adapt to the dangers or not in time” the verdict says.
“Warning sign is enough”
Years ago, the city put up a sign on the house with the bay window warning of a roof overhang. This means that the bay window, which is undisputedly a danger point, is “sufficiently marked”. Drivers of vehicles with extraordinary heights should pay particular attention to sources of danger in the airspace. You could not fully rely on traffic safety officers to protect you from any danger. Since the sign is attached at a height that is of no importance to drivers and cyclists, it is clear that the warning is directed at drivers of particularly tall vehicles.
The judgment of the Higher Regional Court of Hamm is final. Az .: 11 U 84/19
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