The hazard warning lights are intended to warn other road users of a danger. This is especially important at night. What happens if she stays out after an accident? Are those who follow who arise?
Celle (dpa / tmn) – Drivers are only allowed to drive so fast that they can stop within their sight. If there is an accident with an obstacle at night, they can even be held responsible if it is a crashed car without the hazard warning lights switched on. This is shown by a judgment of the Higher Regional Court of Celle (Az .: 14 U 37/20), to which the ADAC refers.
The case concerned a driver who wanted to turn left in the dark. However, he collided with an oncoming car that he had overlooked. A car stopped across the street without its driver having switched on the hazard warning lights before leaving the car. The second car was partly on the street and partly on the grass verge. Its driver turned on the hazard lights. A third car drove into the unlit wreck.
The driver then asked for damages in court. Because in his opinion, the hazard warning lights that were not switched on caused the accident. But the insurance only paid a part – with the argument that the third driver was probably too fast, because you had to be able to stop in front of unlit obstacles.
The matter went to court, and that placed the third driver partly to blame. Although the driver of the unlit car was two-thirds liable. Because his obligation would have been to turn on the hazard lights. But the third party involved had to be one third liable. According to the judges’ assessment, it would have been possible for him to recognize the car on the side of the road with the hazard warning lights on and thereby increase his awareness. In addition, in the dark, only a pace is appropriate that allows the driver to stop within the manageable distance.
© dpa-infocom, dpa: 201119-99-393843 / 2
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