An intersection, a person who drives off and a driver who has the right of way – an accident occurs. Clear thing? No, also eReally clear traffic situations can become complicated.
A person required to wait may only enter an intersection if he does not endanger or harm anyone. However, if another car with right of way cuts the curve so strongly that an accident occurs, it must also follow suit. This is shown by a ruling by the Mannheim Regional Court (Az .: 1 S 29/20), to which the ADAC refers.
Right of way is complicit
A driver with right of way was approaching an intersection where he wanted to turn left and blinked. From there, at the same moment, a car that had to be serviced and wanted to turn right. However, the left turn cut the curve so sharply that it came into the driving area of the other car and collided with it. Nevertheless, he demanded full compensation from the waiting person. His argument: the other should have waited until the intersection was clear. However, his insurance company refused to pay because they saw the cause of the accident in the sharp cutting of the curve. It went to court.
That decided to split the damage in half. If someone with right of way cuts the curve so sharply that there is still an accident in the area of the intersection, someone with right of way must also be blamed. Basically, however, a person who has to wait must ensure that they are not putting anyone in danger or harming them if they drive into a privileged road. So he had to take on the other half of the damage.
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