Monday, April 11, 2011

Rating: vehement has also lost complicity charge

Who's on deck at night with a rear-end collision, the collision is always a considerable complicity. No matter how dark the night, as the obstacle was not illuminated. Even the exact speed at the time of the accident plays a supplementary role. Those who do not prevent more manageable route to a crash can do is always too fast have been - or has responded to the apparent danger in time to slow.

The two go to his account. It has in a recently published decision, the district court of Essen passed (Ref. 12 O 176/04). As the German Bar Hotline reports that a truck driver was caught on the highway at dawn from fatigue. His vehicle skidded across the roadway, slid only against the right protection, then against the middle barrier, a container fell off its trailer and lying across both lanes on the highway remained unlit.

In the lost shipping container raced a following car driver who was seriously injured. Despite an expensive medical treatment was denied the insurance of the truck driver, the full adoption of the by then already accumulated total of 16 € 520.11 and paid only two thirds of it. Finally, the person time of the accident at a speed of 140 km / h and was much too fast to go, explained the insurance for its decision.

The victim, however, denied the alleged speed. The judges were interested but not for the discussion of the possible speed. They found that the truck driver had been nodded responsible not to the accident alone, but that there also was part of the blame of the subsequent car driver. He had caused the collision, either by inappropriate speed or through carelessness with which both weigh the same weight.

For this, a forfeiture of one third is perhaps appropriate for the amount of damage. (Ampnet / jri)

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