Hesse: Court: Right before left does not apply to hardware store parking lots

Frankfurt / Main (dpa / lhe) - In the so-called driving lanes of a parking lot, for example in front of a hardware store, the right-of-way rule does not automatically apply.

Hesse: Court: Right before left does not apply to hardware store parking lots

Frankfurt / Main (dpa / lhe) - In the so-called driving lanes of a parking lot, for example in front of a hardware store, the right-of-way rule does not automatically apply. This was decided by the Higher Regional Court (OLG) in Frankfurt in a judgment published on Thursday (Az.: 17 U 21/22). Rather, drivers would have to drive defensively in such places and try to communicate with each other.

The specific case involved an accident in a DIY store parking lot in Wiesbaden, where the operator had determined the validity of the road traffic regulations, according to the OLG. Two vehicles collided at the entrance to a lane. The Frankfurt Regional Court had initially spoken out in favor of 25 percent liability for the driver coming from the right. The opponent of the accident appealed, the Higher Regional Court has now changed the liability rate to 50 percent, so both sides have to pay half.

The Higher Regional Court judges found that tramlines in parking lots are “not roads serving flowing traffic” and therefore do not give priority. This is only different if the lanes have a clear "street character" - i.e. they are not only used to look for a parking space. Structural features such as sidewalks, hard shoulders or ditches could speak for this. In the parking lot in Wiesbaden, there were no such characteristics at the scene of the accident, so the two drivers had caused the accident equally and had to share the damage caused. According to the court, the OLG decision is no longer contestable.