Of motor vehicles in road traffic is always a operating risk. After accidents, the holder must, therefore, mithaften – even without a transport, anti-competitive behaviour. This is also true for E-Scooter?
Münster (dpa/tmn) – as Long as their share of the blame due to incorrect behavior can not be clearly demonstrated, you do not have E-Scooter-driver mithaften after accidents.
A so-called no-fault liability from the operation of the risk out there are only for vehicles with speeds of 21 km/h. The judgment of the district court of Münster (Az shows.: 08 O 272/19), on the ADAC indicates.
In the case of a woman with a car was on a main road on the way and wanted to reverse after a miss, exit at the next opportunity with a “U-Turn”. She went, therefore, at a traffic light in a lane for left turns and turned.
At this point, there was a Crossing with pedestrian traffic light. There, the woman with a E-Scooter driver crashed. The woman wanted to have your own fault credit, but they asked at the same time, damages from the accident opponent. Your Argument: An E-Scooter is a motor vehicle, therefore, it should be a no-fault liability. Besides, the man was driving too fast, and according to their data, the valid traffic light showed Red.
E-Scooter driving not faster than 20 km/h
The case went to court, which ruled in the sense of the E-Scooter driver. Because the judge signed a no-fault liability, because the scooter could not go faster than 20 km/h.
in Addition, could not be proved that the man was driving with gross negligence, in the case of Red is on the way. Statements of witnesses have suggested, rather, that he waited for Green, and drove off, after he had stopped. The court assumed that the driver was distracted in search of the right road, and the E-Scooter had been overlooked.
According to section 8 of the road traffic act is not excluded by the no-fault liability when a vehicle reaches a level stretch more than 20 km/h. The liability begins only once they reach 21 km/h, explained the ADAC.
