Liability in traffic
If you cause an accident on the road, in addition to being punishable by law you may also be liable under civil law for the resulting damage. The owner of a motor vehicle involved in an accident in which damage is caused to non-motorised traffic is liable for that damage (Article 185, paragraph 1 of the Road Traffic Act). Except in cases of force majeure. Special rules apply to apportioning the burden of damages. If you, as the driver of a motor vehicle, are involved in an accident in which the other party is not the driver of a motor vehicle and you are at fault, you are always liable for at least 50% of the damage, unless there is evidence of intent or recklessness. If the person suffering damage is younger than 14 years old, you will always be liable for 100%. Children under the age of 14 are therefore never held liable.
Article 185 of the Road Traffic Act also has a reflex effect: if you, as a motorised road user, have an accident with another non-motorised road user and you suffer damage, you are liable for your own damage. Only in a case of force majeure will you, as a motorised road user, be compensated for your loss. The 50% rule and the 100% rule are not subject to a reflex effect. This means that if you, as a non-motorised user of the roads, cause an accident resulting in damage to a motorised user of the roads, you will not have to compensate the damage suffered by the other party.
Many people are not aware of the special liability rules that apply to damage caused by traffic. Have you been in a traffic accident and suffered damages as a result, or have you been found liable? If so, let a lawyer from Law & More assist you.
How We Can Help
Law & More can provide assistance if you have been charged with driving under the influence of alcohol.
Mistakes may have been made during the alcohol check and that while most people usually leave it at that and accept the fine or driving disqualification after the alcohol level detected. But if certain mistakes have been made then the result may not even be used as evidence and could lead to acquittal.
Both in the event of an imposition of punishment and in the event of a conviction by the court, you will receive an entry on the judicial documentation (popularly referred to as: criminal record). Of course you want to avoid this.
We can also assist you in concluding a transaction with the Public Prosecutor's Office.