Watch out when overtaking!

Source: Pixabay/ highway-2606937_1280


The following accident recently occurred on a highway. A female driver wanted to change from the outbound lane in order to stay on the corresponding highway. She intended to change from the turning lane to the road leading straight ahead.
Unfortunately she collided with a truck that, while changing lanes to the left. The incident was assessed differently by the two road users, but after reconstruction by an expert, it was assumed that the car had already collided with the lorry when changing lanes, not just a short time later, as the woman claimed and was also unable to prove.
The regional court ruled that the woman was solely responsible for the damage. She should have made sure that the lane was clear to change lanes. However, if this is not the case, the driver is in breach of the duty of care set out in Section 7 of the German Road Traffic Regulations (StVO). The so-called prima facie evidence then assumes a culpable breach of this duty of care and the person who caused the accident must generally pay 100% of the damage, although a truck always poses an operational risk.
So if you change lanes and an accident occurs, you are usually solely liable for the damage. The Hamburg Regional Court, which had to decide the case, requires that the accident occurs in direct temporal connection with the lane change.

File Reference: Landgericht Hamburg, 2023-03-03, Az. 337 O 50/22

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