Rowdy Night, Stuck Feet: Bus Driver's Nightmare - Dispute Over Compensation
Drunk driver operating a bus causes chaos, leading to a dispute due to resulting pain at pedestrian's location
Hangover central early in the morning? Be mindful while cruising in your four-wheeled chariot, as there might be rowdy revelers and clumsy tipsy individuals lurking around. But for drivers operating those fancy shuttle buses at nightly bashes? A wake-up call's a must!
Recently, the Higher Regional Court (OLG) Schleswig, in a wake-up-call decision (Case No.: 7 U 104/23), emphasized by the Traffic Law Working Group of the German Bar Association (DAV), made it crystal clear: if a shuttle bus operator is found lackadaisical behind the wheel, and an accident ensues, they're pretty much the issue … except maybe if the victim's NyQuil-level drunkenness contributed to the smash-up.
Trouble in Toesville - A Toe-tally Strange Mishap
So here's the rundown: One wild rural party lasted into the wee hours, and poor ol' Joey ends up plopping himself on a concrete block, waitin' for his ride, while rubbery-eyed from his party marathon. As he scrolls through his phone, a party shuttle bus swerves around a corner, does a number on Joey's toes with its back wheels, causing some pretty wicked crush injuries, one of which was already missing a chunk.
Feeling like a bit of a victim, Joey files a lawsuit for damages and compensation for his pain and suffering, levels aimed at the insurance company, arguing that the driver didn't see the bus coming. The company also denies the claim, stating that Joey had a significant component of fault: it was his own drunkenness that prevented him from hoppin' outta the way.
The lower court awarded Joey a measly €4,000 for his pain and sufferin', but the defendant appealed the decision. However, the OLG Schleswig stood firm, upholding the lower court's ruling. The court reportedly concluded, based on medical records and expert opinions, that the bus did indeed run over Joey's mutilated toes.
The concrete block where the accident occurred was supposed to be off-limits to general traffic. Naturally, Joey would never have expected a vehicle to find him there.
Bus Driver - It's a TOUGH JOB!
Surprisingly, Joey's drunkenness didn't actually play into the accident, according to the court. Joey's tardy reaction could simply be attributed to unavoidable distraction or inattention, they stated.
The judges placed particular emphasis on the bus driver's responsibility during the rural youth event's shuttle service, stressing the need for high levels of attention and vigilance on the roads. They stated that given the circumstances, the driver should have been extra careful and alert.
- Insurance
- Échale con Punta (Spanish for "Kick them to the Curb," loosely applicable here 🤪)
- Lawsuits
- Drunken Antics
- Shuttle Services
- Pedestrians
- Crazy Parties
Quick Tips for Shuttle Bus Drivers:
- Maintain Constant Vigilance: Be on high alert, especially during late-night events, as intoxicated revelers may face plant unexpectedly.
- Stay Sober: Having a few brews might seem like a good idea, but better save that for down time.
- Follow the Rules: Steer clear of traffic violations, as they don't help your case or passengers' security.
- Anticipate Hazards: Roadblocks, dark areas, and construction zones can be danger zones – watch out!
- Monitor Passengers: Keep an eye on passengers to ensure they remain seated and buckled, especially if they've had one too many.
- Communication is Key: If you spot a potential hazard on the road, inform your fellow drivers and the event organizers to coordinate avoidance or cleanup.
Toes Up! Let's all help keep our bodily appendages intact and partying responsibly. Drivers, stay sharp, and pedestrians, stay frosty! 🍻
- In the aftermath of a bus accident at a rural party, the defendant and the insurance company faced a lawsuit from an injured victim, Joey, over compensation for his pain and suffering.
- The lower court awarded Joey a moderate compensation, but the defendant appealed the decision, arguing that Joey's drunkenness contributed to the accident.
- However, the Higher Regional Court (OLG) Schleswig upheld the lower court's ruling, stating that the bus did indeed run over Joey's toes despite his own distraction or inattention.
- The court emphasized the importance of high levels of attention and vigilance for shuttle bus drivers during events like these, placing a considerable responsibility on the driver to ensure the safety of passengers and pedestrians.
- As a preventive measure for shuttle bus drivers, it is advisable to maintain constant vigilance, stay sober, follow the rules, anticipate hazards, monitor passengers, and communicate any potential road hazards to fellow drivers and event organizers.
- To promote responsible partying and pedestrian safety, all partygoers should be mindful of their surroundings, especially while cruising or waiting for rides, and always exercise caution when consuming alcohol.
