“Did you have anything to drink?” – some people may have heard this before at a police stop. But such investigations may not have been necessary for officials in a strange case (ref.: 6 O 57/21) that was heard before the Ellwangen regional court. The officers were chased by their vehicle while chasing a drunk driver.
However, anyone who causes accidents on purpose will have to pay for the damage out of their own pocket. In individual cases, a high blood alcohol level cannot change this, reports the Traffic Law Working Group of the German Lawyers Association (DAV).
The drunk rioted and hit a police car on the highway
The case under discussion was about a man the police were chasing after him on a motorway. The drunk had previously rioted in a rest stop. During the chase, the man hit the police car with his car. Result: An officer was injured and the police car was destroyed. A court case had to clarify whether the drunk had to pay damages of more than 30,000 euros out of his own pocket.
The court believed that the act was deliberate. Despite his blood alcohol content of 1.54 per mile, he was able to recognize the situation and sensibly rush the car. According to the reasoning, he accepted the consequences knowingly and willingly. And that includes personal injury. This was shown not only by witness statements and taking evidence – but also by the knowledge of the impact of children on the car show.
The man should know better with life experience
The court accepted that the “experienced defendant” was aware of the physical effects of the sudden acceleration of the occupant’s head of a ram vehicle. Because the insurance company did not have to pay because of the deliberate action, the man was left with the damage himself.
2024-10-10 20:53:00
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