Case Law: Liability in Road Traffic Liability in Road Traffic: An Important Decision by the Federal Court of Justice
On July 30, 2024, the Federal Court of Justice (BGH) ruled in case VI ZR 115/22 on the liability of road users in accidents. This decision has significant importance for both practice and legal science. The case concerned the question of fault allocation in the collision of two vehicles, focusing not only on the responsibilities of the drivers but also of the passengers.
The BGH made it clear that responsibility in road traffic does not rest solely with the vehicle drivers. Passengers can also be held partly responsible for the accident under certain circumstances. This relates to the assessment of measures that could have been taken to prevent the accident. The court referred to the duties of care that every participant in road traffic has.
In the specific case, a passenger’s careless remark possibly entangled the driver in a dangerous maneuver, which ultimately led to the accident. The BGH emphasized that a passenger's shared responsibility cannot be excluded if their behavior negatively influences the driver and thus jeopardizes road safety. This represents a significant step in case law, as drivers have often been regarded as the main responsible parties until now.
Furthermore, the court noted that the burden of proof for the existence of shared responsibility lies not only with the plaintiff but also with the defendant. This regulation could influence the design of driver and passenger contracts in the future, as a higher awareness of potential legal consequences on the road is likely to be required.
The decision of the BGH is regarded by legal experts as groundbreaking. Particularly regarding the prevention of traffic accidents, it is hoped that in the future, more diligence will be exhibited by all vehicle occupants.Traffic participants are encouraged to always be aware of their responsibilities and to act in the interest of road safety. Overall, the ruling could lead to a rethinking of traffic regulations and reignite the discussion about responsibility in traffic. Experts emphasize that clear rules and a coordinated approach among all parties involved are necessary to improve safety on our roads. The decision VI ZR 115/22 is likely to have far-reaching implications for case law in the field of traffic law and could also serve as a reference in future proceedings. Author: Anita Faake, Friday, September 13, 2024.
