Driving with foresight is the top priority in road traffic. If the traffic situation is unclear, restraint is therefore required when in doubt. In addition, there are also some obligations that road users must observe when turning.
Caution is advised when overtaking, especially when the traffic situation is unclear. Such is always the case when, according to all the circumstances of the individual case, overtaking cannot be expected without danger. If this is ignored, all road users involved in an accident can be sentenced to joint liability, as the Lübeck Regional Court ruled (Az.: 14 S 13/22).
How was the case?
Here a car had stopped behind a parked truck. A bus was approaching behind them. When there was no oncoming traffic, the bus started to overtake the car and truck. When the bus was level with the stationary car, it turned left towards a customer parking lot. A collision resulted in property damage. The district court, which was initially responsible, heard several witnesses, but could not determine whether the driver of the car had signaled to the left (according to the driver) or to the right (according to the bus driver) before the collision.
The AG judged that both sides must each bear half of the damage. It was based on the fact that the driver had violated her duties when turning - especially the duty to look back when turning left. However, the bus driver also violated his duties because he overtook when the traffic situation was unclear.
The judgment
The Court of Appeals upheld the decision. The district court rightly decided that the bus driver was not allowed to overtake in the specific situation. According to the Road Traffic Ordinance, overtaking is not permitted when the traffic situation is unclear. An unclear traffic situation is always present when, according to all the circumstances of the individual case, overtaking cannot be expected without danger. This is also the case if it is not possible to judge with certainty what those in front will do immediately.
That was the case here. Because after stopping the car, it was unclear to all subsequent drivers how the driver would behave now. There was both the possibility that the driver would stop behind the parked truck for a longer period of time, and the possibility that she would just wait for oncoming traffic and then drive past the parked truck on the left.
As a result, with these considerations, the district court also confirmed the decision that the parties involved in the accident would each have to share the damage in half.
