Case Law on Liability in Traffic Accidents Case Law on Liability in Traffic Accidents
In the decision made on July 30, 2024, under file number VI ZR 115/22, the Federal Court of Justice (BGH) issued a groundbreaking ruling regarding liability in traffic accidents. The decision addresses the question of to what extent a party involved in an accident, who is not the main cause, can still be held liable for the damages incurred.
The case reviewed by the BGH involved a traffic accident in which multiple vehicles were involved. A plaintiff sought damages from a defendant whose vehicle was present at the accident scene at a certain time. The BGH clarified that accurately determining the course of events and the cause of the accident is crucial for assessing liability. The judges pointed out that the liability question particularly depends on whether the defendant contributed to the occurrence of the accident through their driving behavior or if they were simply in the wrong place at the wrong time.
In the reasons for the judgment, the BGH emphasized that a comprehensive examination of all circumstances is essential in such cases. One cannot simply assume shared fault just because multiple vehicles were present at the accident scene. Rather, each case must be considered individually, with particular consideration of the traffic situation and the driving behavior of those involved.
The BGH also stressed that the burden of proof for any possible joint causation lies with the plaintiff.It is required that the claimant demonstrates how the defendant's behavior was causal to the damage. In this regard, an inaccurate or incomplete description of the accident by the claimant would not be sufficient to successfully assert claims.
This decision could have far-reaching consequences for future traffic accident cases. Experts agree that a differentiated and not schematic consideration of the parties involved in an accident is necessary to account for the principle of fair liability distribution.
In summary, it can be stated that the Federal Court of Justice has emphatically emphasized that the specific circumstances of each individual case must always be decisive for liability. The principle of care that is to be expected from all road users remains of central importance.
Author: Anita Faake, Friday, September 13, 2024
