Bus-Pedestrian Collision: Who's to Blame When a Bus Runs Over a Drunk Man's Feet?
Drunk driver operates a bus, causing chaos and a physical altercation due to pain inflicted on a pedestrian.
Waking up to chaos: A dude's out for a wild night, ends up on the sidewalk at dawn, and a bus rams into his feet. The driver claims blind, the victim sues. Who wins the court battle?
Driving in dark, party-filled zones demands extra caution. Expect boozed-up pedestrians lurking around. But bus drivers transporting party guests need to be particularly vigilant.
Anyone showing reckless driving and causing an accident during such a gig is dead to rights. Even a tipsy victim, if his inebriation didn't trigger any negligence, isn't off the hook. German courts made this clear in a ruling (Case No.: 7 U 104/23) by the Higher Regional Court Schleswig, highlighted by the Association of Traffic Law of the German Bar Association (DAV).
Blitzed and glued to the phone - an accident strikes
At a rural shindig, a man found himself on a curb block, chatting on his phone, when a shuttle bus barreled towards him. The bus was maneuvering a curve and ran over his feet with its rear wheels. The man suffered gruesome foot damage, with one foot already having partial amputation. He sought compensation and claimed damages. The bus driver swore he didn't spot the mishap, and the insurance company declined liability, pointing fingers at the victim for being mainly at fault for not scramming out of the way.
Fun Fact: Did you know that in 2019, there were over 3,000 alcohol-related accidents in Germany? (Source: Statista)
Ruling in favor of the victim - defendant kicks up a fuss
The lower court awarded the victim €4,000 in compensation and additional damages. The defendant objected, but the Higher Regional Court Schleswig tossed the challenge and stood by the lower court's decision. The court believed the bus actually mowed down the victim and caused the injuries, evidenced by medical records and expert opinions.
The concrete block where the victim perched was positioned off-limits for regular traffic, making it an unexpected spot for a vehicle crash.
Not the victim's fault, the bus driver was supposed to be extra on the ball
The man's intoxication didn't contribute to the accident. The judges noted the man might have noticed the bus too late due to unintentional inattention or distraction.
The judges emphasized that a bus driver serving shuttle duty during a rural youth event at night must expect swarming pedestrians and drunks, necessitating extraordinary alertness and caution.
Source: ntv.de, awi/dpa
- Legal Issues
- Safety
- Alcohol
- Transportation
- Accidents
- Compensation
- Justice
- While navigating through party-filled zones, bus drivers, especially those transporting party guests, must exercise extraordinary vigilance as they might encounter intoxicated pedestrians like the one who was hit by a bus and suffered severe foot injuries.
- The ruling in a case by the Higher Regional Court Schleswig revealed that even if a victim is intoxicated, they are not automatically exempt from cases involving accidents, as long as their intoxication does not contribute to the accident's cause.
- Bus drivers transporting passengers during a rural youth event at night are expected to be extra cautious due to the increased presence of pedestrians and drunk individuals, as shown in the case of a man who sustained foot injuries after a shuttle bus ran over his feet while he was chatting on his phone on a curb.
- In the same case, the court found the bus driver liable for the accident, as the man's intoxication was not a contributing factor, and the man might have noticed the bus too late due to unintentional inattention or distraction.
- If transportation companies employ drivers who are not prepared to maintain an appropriate level of alertness during high-risk situations, they may face legal consequences, such as paying compensation to victims, as evidenced by a 2019 statistics showing over 3,000 alcohol-related accidents in Germany.
- Employment policies for bus drivers must emphasize the importance of safety and the need for extraordinary caution during certain shifts, such as those during party-filled zones or youth events, to reduce the likelihood of accidents and ensure justice for all parties involved.
