Thursday, April 7, 2011

Rating: Spontaneous comments by accident not at fault recognition

Spontaneous utterances in a traffic accident can not be regarded as sufficiently reliable recognition of guilt in subsequent legal proceedings. This was again in a hearing before the Higher Regional Court of Saarland obvious (Ref. 4 U 370/10). As the German Bar Hotline reports had collided in the present case, a Peugeot 308 a BMW 318th Although the woman at the wheel of the Peugeot seems too fast and too close to the straight side of the road oncoming car drove by and slammed him, admitted the BMW driver an even spot a possible fault.

This was the actual owner of the BMW but not dependent on demand over 8000 € damage on the basis of a 100 percent liability from his view inattentive accident opponent. The Eigenbezichtigung the woman in his car was unreliable and may not be adequate for the final blame, he argued. An assessment, which joined the Oberlandesgericht Saarbrücken judge.

In a traffic accident process are all spontaneous utterances judged at the accident scene on the question of guilt after the accident from experience rather cautious, says lawyer Jörg-Matthias Bauer. Here, too, have - on closer inspection - the last standing in the wake of the events-BMW driver is not their fault given the privacy policy, but merely described the accident.

So there existed a valid acknowledgment of debt, there was the court but in a proof to it - to give the full blame for the occurrence of the accident - in a way in reversing the burden of proof. (Ampnet / jri).

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