Tourist journeys come with an elevated safety concern, court asserts
In a recent ruling, the Civil Chamber 2 (Zivilkammer 2) of the Landgericht Berlin II has determined the liability in a high-speed collision that took place on June 2, 2019, in the Schwalbenschwanz/Galgenkopf section of the Nordschleife. The accident involved a fallen motorcycle, a BMW M4, and the vehicle of the plaintiff.
The court found that the plaintiff primarily caused the rear-end collision by violating § 4 Abs. 1 of the Road Traffic Regulations (StVO) by not maintaining a sufficient distance from the vehicle ahead. The plaintiff was traveling at around 135 km/h and collided with the rear of the BMW M4, which had to brake heavily due to an obstacle in the road.
The motorcycle rider's insurance countered that the plaintiff caused the accident by not maintaining a safe distance. However, the court attributed 20% of the risk to the motorcycle for remaining on the track after the fall. Consequently, the plaintiff is responsible for 80% of the damage, and the motorcycle rider's insurance for 20%.
The motorcyclist had fallen, leaving their bike in the middle of the road. Another person had stopped their car to offer help near the fallen motorcycle, creating another obstacle that contributed to the collision. The court's decision refers to the case law of the OLG Koblenz, which generally assigns a higher risk to tourist drives on the Nordschleife.
The plaintiff argued that the road was blocked, leaving them no choice but to perform an emergency brake to avoid personal injuries. However, the court found that the plaintiff could have safely stopped behind the BMW M4 with an appropriate distance. The court's decision in this case (Case No. 5 O 123/20) is not yet legally binding.
This case sets a precedent for similar cases involving accidents on the Nordschleife where there is a blockage on the track. The mere blockage of the track by the fallen motorcycle was sufficient to establish partial liability. The verdict shows that liability can be shared even when there is no direct collision with the other vehicle.
The Regional Court's decision emphasizes the importance of maintaining a safe distance and adhering to road traffic regulations, even in high-speed environments like the Nordschleife. It serves as a reminder for all drivers to exercise caution and responsibility on the road.
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