Burning Rubber on a Yellow Light: Scooter Crash Post-Yellow Light - Who Pockets the Bill?
Collision occurring post disregard of traffic signal while on roller skates
Navigating the roads on a motor scooter can be a thrilling yet perilous journey - minus the crumple zone! But what about the liability when you zip through a yellow light, triggering a crash? When to park, when to scoot?
When that yellow bulb illuminates, it's usually a sign to hang tight. According to the Road Traffic Regulations StVO (Paragraph 37 No. 1), you're expected to halt at the stop line until the next signal. But hey, nothing's absolute!
There's a loophole: if halting could endanger you or the traffic in line, driving even when the light is yellow may be an exception. This sage wisdom was drummed up by the Higher Regional Court (OLG) Schleswig, as in case File No.: 7 U 10/25.
Scooting past a Yellow Light: A Tale of Woe and Collision
Automotive club ADAC shares a chilling tale involving a scooter rider attempting to scoot down a road with the right of way. The speed limit? A breezy 70 km/h. A little over 20 meters from a crossing, a pedestrian traffic light sprung to life. In a heartbeat, the light went yellow.
Our daring scooterist, however, didn't betray a moment's hesitation. The same crossing also hosted a car driver, who, according to the rules, was to yield. The collision ensued, leaving our fearless scooter rider nursing severe injuries. After the dust settled, she demanded compensation and damages from the other party's insurance company.
But the insurance company balked, pointing a finger at shared responsibility, citing Paragraph 37 of the StVO. They argued that a yellow light indicates that one should wait at the designated stop line for the next signal.
The Court and the Yellow Light Blues
The dispute escalated, landing in the courtroom of the OLG Schleswig. The verdict? The car driver was solely in the doghouse. In simpler terms, the court said: Yes, a yellow light means hang tight at the stop line for the next signal. But: Not always feasible due to safety concerns. For example, sudden braking could be a hassle on a scooter, warranting driving over the yellow light.
An interesting twist in this war of wheels was that even violating the yellow light at a pedestrian signal wouldn't have sparked an instant connection. So, why? The signal's purpose was to safeguard pedestrians crossing the road and didn't regulate the traffic in the crossing area behind it.
Source: ntv.de, awi/dpa
Bonus Insight:
At its core, liability following accidents caused by running a yellow light varies by jurisdiction. Commonly, a yellow light signals that drivers should prepare to halt, not barrel through the intersection. If a scooterist recklessly decides to sail through a yellow light, causing a crash, they can end up being held accountable for their actions.
Courts will assess the facts, including the scooterist's speed, the duration of the yellow light, and whether there was adequate time to stop prior to the light turning red. Any pertinent traffic laws or previous rulings from the Higher Regional Court Schleswig will also factor into the deliberations.
In Germany, traffic rules and guidelines are stringent, and skirting a red light is a severe infraction. Scuttling through a yellow light and proceeding once the light turns red is a no-no, potentially resulting in fines and possible liability for any damages caused. However, specific details from the court ruling are required to provide a definitive response.
- Despite the controversy over scooter accidents caused by running a yellow light, the Higher Regional Court Schleswig has clarified that in cases where sudden braking on a scooter may be dangerous, driving through a yellow light can be justified as an exception.
- The community policy on vehicle accidents, particularly regarding yellow lights, shows that if a scooterist breaches a yellow light and causes a crash, they may be held accountable for their actions, with the court considering factors such as speed, duration of the yellow light, and whether there was sufficient time to stop before the light turned red.
