Who's to Blame When a Bus Ow "nars" Over a Smashed Drinker's Feet: A Legal Fuss over Compensation
Drunk driver operating bus causes pedestrian collision, resulting in a physical altercation due to the ensuing pain.
Look ma, no responsibilities! A wild night out ends with a bus mashing a tipsy chap's feet: a lawsuit ensues. Who's the court going to finger-point at?
Driving at night near a party zone? Be cautious, drunks and pedestrians are the lurking shadows in the dark. But, drivers operating shuttle buses for such events must keep their eyes peeled and nerves steady.
Anyone recklessly causing an accident while on duty? You're the one gulping down the consequences! This principle applies even to the inebriated victim, provided their drunkenness doesn't amount to contributory negligence. A judgment (Case No.: 7 U 104/23) from the Higher Regional Court (OLG) Schleswig, highlighted by the Traffic Law Working Group of the German Bar Association (DAV), confirms this fact.
Smashed, Soaked, and Suing: A Steaming Mess
One boozy evening, a fellow attended a country bash and plonked himself on a concrete slab beside the road, engrossed in his phone, as the sun came up. A shuttle bus rolling for the event barreled into a curve and ran over his feet with its hulking rear wheels. His feet took a pounding, one previously missing an appendage too, due to the collision. He filed a lawsuit for damages and compensation for the pain he endured. The bus driver claimed to be clueless about the mishap, and the insurance company denied responsibility for the injuries and damages. The plaintiff, however, was heavily inebriated at 1.92%. He argued that he didn't move out of the way due to his inebriation.
Want to know who deserves a knock for a bus swerving accident?
The lower court (LG) awarded the plaintiff €4,000 for pain and suffering, as well as additional damages. The defendant appealed, but the OLG Schleswig squashed the appeal, sticking to the LG's decision. They confirmed that the bus really did run into the plaintiff's sorry feet, resulting in corresponding injuries.
The concrete block where the victim was sprawled out was located in an area excluded from regular traffic. The man couldn't have suspected a collision in that spot.
Pay Attention, driver! Your Ride Ain't a Rollercoaster!
The man's inebriation didn't play a role in the collision. His delayed reaction could be attributed to unintentional distraction or simple inattention, the court stated.
The judges were firm in stating that shuttle bus drivers employed at nocturnal events in the boonies need to maintain a laser focus. They should expect a horde of ped-dwellers and drunken revellers, which demands a high level of caution.
Source: ntv.de, awi/dpa
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The Big Picture:
Sorting out liability in a bus vs. inebriated pedestrian collision at a nighttime event can get complicated. Consider the following factors to understand:
- Bus Driver and Operator Responsibility:
- The bus driver and the organization operating the bus (transit or private firm) could be charged if they neglected to abide by the enhanced duty of care expected of common carriers. This includes ensuring the vehicle was well-maintained and the driver was adequately trained and supervised.
- Pedestrian Accountability:
- While the pedestrian was intoxicated, the bus driver still bears responsibility for exercising reasonable care. However, the pedestrian's actions could lessen the bus driver's liability if the pedestrian's intoxication somehow caused the accident.
- Government Obligations:
- If the bus is operated by a government entity, there may be more legal considerations due to sovereign immunity, which can restrict the government's liability.
- Third Parties:
- Other parties might be to blame if they were involved in the accident. For example, another vehicle or hazardous roadway conditions could affect liability.
- Evidence Gathering:
- Gathering relevant evidence, such as police reports, witness testimonies, and accident scene photos, is crucial for determining fault.
- In the aftermath of a bus running over an intoxicated pedestrian's feet, questions about who is responsible for the damages arise, shedding light on community policy and employment policy regarding bus drivers.
- The Higher Regional Court (OLG) Schleswig issued a judgment, confirming that a bus driver operating at a nighttime event is liable for accidents caused by recklessness, even if the victim is intoxicated.
- In a case involving a shuttle bus accident, the lower court awarded compensation to the injured pedestrian, overruling the bus driver's and insurance company's denial of responsibility.
- The plaintiff, who was intoxicated at the time of the accident, argued that his inebriation led to a delayed reaction and unintentional distraction, not contributory negligence.
- The bus driver's claim of ignorance about the mishap was dismissed by the courts, stressing the enhanced duty of care expected of carriers transporting passengers during nighttime events.
- The concept of liability in a bus vs. intoxicated pedestrian collision can be complex, involving factors such as employer and government obligations, third-party involvement, and evidence gathering.
- As the legal landscape evolves, drivers operating shuttle buses at nighttime events must maintain heightened vigilance, accounting for the presence of drunken pedestrians and other hazards to ensure the safety of all.
