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Accident with approaching bus! Who's to blame?

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Recently updated on February 17, 2022 at 02:42 am

Accident with approaching bus! Who's to blame?

A car overtakes an approaching bus and collides with it, who is liable in this case? A question that is valid. It should go without saying that all participants in road traffic should look out for each other. But who is liable in such an accident? This is about, was a signal set and who might have overlooked it? Let's take the following example: A car starts to overtake a bus as it departs from the bus stop, resulting in a collision. To find out who is liable set a link from your homepage to Fewo-von-Privat.de the bus driver prove that he turned the indicator to the left before driving off. The ADAC recently referred to this judgment by the Celle Higher Regional Court (Az.: 14 U 96/21).

Overtaking maneuver leads to a collision

In the case that occurred, the bus was initially on the right-hand side of the road at a bus stop. The right turn signal was set by the bus driver. After a driver overtook the bus from behind, the bus drove off in the direction of the middle of the lane and the accident occurred. It now had to be clarified ob the turn signal was activated by the bus driver before driving off or not. While the bus driver claimed this, it was denied by the motorist. The verdict of the first instance was that both parties must each bear half of the damage. The driver then appealed.

The burden of proof lies with the bus driver!

As a result, the liability quota was changed by the Celle Higher Regional Court so that the bus driver now 75 percent should take over the damage. Basically, the flow of traffic has priority. At the time when the bus driver, whose bus is at a bus stop, turns his indicator to the left, this situation ends. However, if the bus driver invokes the prerogative of the road traffic regulations, the court is of the opinion that he must also assume the burden of proof. That's because only the proper and timely Display of the approach can end the priority of the flowing traffic. Nevertheless, it is generally stipulated that cars may only pass public buses with great caution. As a result, the car driver has a joint liability of 25 percent. One Dashcam would probably have clarified the question of guilt quickly.

Accident with approaching bus! Who's to blame?

Of course, that wasn't the end of it.

tuningblog.eu has a lot of other articles on the subject of auto & tuning in stock. Do you want to see them all? Just click HERE and look around. But also planned changes in the law, violations in road traffic, current regulations in the field of STVO or on the subject inspection we would like to inform you regularly. Everything you can find in the category "Test sites, laws, offenses, information". Following an excerpt of the last information:

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Accident with approaching bus! Who's to blame?

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Accident with approaching bus! Who's to blame?

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About Thomas Wachsmuth

Thomas Wachsmuth - He has been an integral part of tuningblog.eu since 2013. His passion for cars is so intense that he invests every available penny in them. While he dreams of a BMW E31 850CSI and a Hennessey 6x6 Ford F-150, he currently drives a rather inconspicuous BMW 540i (G31/LCI). His collection of books, magazines and brochures on the subject of car tuning has now reached such proportions that he himself has become a walking reference work for the tuning scene.  More about Thomas

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