Judgment: Motorcyclists after an accident with a wasted vehicle claim for damages

Judgment: Motorcyclists after an accident with a wasted vehicle claim for damages

Attention: Liability after motorcycle accident with a tractor

A motorcyclist overtakes a tractor despite the existing ban on overtaking and at excessive speed - a risky undertaking. But who is liable when there is an accident?

Such a case was negotiated before the Celle Higher Regional Court. The motorcyclist, who was traveling at an excessive speed without protective clothing, collided with an agricultural team that started to turn left. Although the biker violated traffic rules, the court recognized half liability.

responsibilities clearly regulated

The court found that the misconduct of the motorcyclist was not solely responsible for the accident. Rather, there was a failure of the tractor driver, which did not meet his double obligation to look back when turning. In addition, the operating danger of the agricultural team was taken into account.

The decision of the court shows that claims for damages can also exist in the event of violations of the traffic rules. However, the co -liability was excluded due to the missing protective helmet of the motorcyclist, since there is no legal obligation to wear protective clothing.

conclusion: careful behavior in road traffic crucial

The case shows that liability is not always clear in the event of a traffic accident. Both motorcyclists and other road users have a responsibility that they should not ignore. A considerate and predictive behavior in road traffic is crucial to avoid accidents and to clarify liability issues.

- Nag