OLG Bamberg: Violation of half right of way in “right before left” results in 25% co-liability rate

In a court case following a traffic accident, the apportionment of liability was in dispute. The opposing insurance company denied liability – as a result, our client was (only) awarded a liability rate of 75% in the appeal proceedings before the Bamberg Higher Regional Court.

It is undisputed that our client committed a right-of-way violation by crossing a right-to-left intersection in a 30-mph zone without yielding sufficient right-of-way. However, it was disputed which contribution to causation was to be attributed to the other party to the accident. Initially, it was assumed that the driver had already approached the intersection at excessive speed. This could be seen in the course of the taking of evidence – both in 1. and 2nd instance – but not proven.

However, it turned out that the other party to the accident would also have had to reduce her speed to almost a standstill in order to be able to give way to a road user who was possibly coming from the right.

The expert’s reconstruction of the accident showed that the collision speed – in which our client’s vehicle was turned around its own axis by more than 180° – was too high to fulfill this obligation.

Even if in fact no road user approached from the right, the OLG Bamberg stated that this traffic violation must also be taken into account in relation to the road user violating their right of way, and accordingly establishes a causation contribution of 25%.

The judgment is final.

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