Allegation: Causing a traffic accident due to inappropriate speed
As with the distribution of liability ratios in traffic accidents under civil law, not everything is always black and white in fine proceedings.
This was also the case in a matter in which our client was accused of causing a traffic accident due to inappropriate speed. According to the police, this resulted in property damage amounting to €71,900.
According to the fine notice, the violation was to be punished with a fine of €290.00 and fees and expenses of €28.50.
But as already mentioned – it is usually not that simple. In this case, a chain of unfortunate circumstances ultimately led to the alleged collision. We were able to explain this to the court in a detailed statement, so that the court ultimately agreed to our proposal to set a fine of €55.00 – and thus below the (points) entry limit of the FAER – by way of a resolution (i.e. without a main hearing date).
Our client therefore only has to pay a fine of €55.00 instead of €318.50 – the legal expenses insurer bears the costs of the proceedings: a good example of why we unreservedly recommend taking out this type of insurance – at least in the traffic sector.
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV