Hanau Regional Court: Car driver liable despite violation of bike lane obligation
The plaintiff wanted to turn from her property onto a street with her car. Her view of the main road was obstructed by parked vehicles. At that time, a cyclist was approaching on the roadway, even though there was a combined bike and pedestrian path available at the accident site. The cyclist collided with the left front side of the car.
The car driver demanded half of the repair costs from the cyclist and claimed contributory negligence, as the cyclist had not used the bike path. The Hanau District Court dismissed the lawsuit. The appeal to the Regional Court was also unsuccessful.
Court's Reasoning
The district court determined that the driver violated the duty of care stipulated in § 10 sentence 1 of the Road Traffic Regulations (StVO), which applies when entering flowing traffic from a property. Therefore, liability lies solely with her.
Although the cyclist violated § 2 paragraph 4 sentence 2 of the StVO by not using the designated bike path, which mandates the use of designated bike paths, the court did not see this as contributory negligence in the collision. The purpose of the bike path usage obligation is not intended to prevent collisions with incoming vehicles. Rather, it is to protect cyclists from dangers caused by dense traffic and limited lateral distances.
The court further stated that the collision might have been avoided if the cyclist had used the bicycle path, as she would have been in a different location in that case. However, this does not change the fact that the duty of care of the entering vehicle is of paramount importance here.
Legally Binding Decision
The verdict is legally binding. It emphasizes the high responsibility of drivers when entering traffic and makes it clear that violations of the duty to use bicycle paths do not automatically constitute shared liability on the part of the cyclist.
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