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In some cases, it is the responsibility of municipalities to take responsibility for repairs to dangerous spots on the roads, or at least to warn against them. A raised manhole cover was fatal to a sports car last year. However, the mere fact that this vehicle was road legal does not mean that all public roads are road legal can be used without risk. For this reason, the obligation to ensure road safety is not disregarded if, for example, there is no warning sign on a road with visibly raised manhole covers. Drivers of a lowered sports car are therefore left with the costs in the event of damage. The ADAC has now pointed out this judgment of the Koblenz Higher Regional Court (Az.: 12 U 1012/21).
Luxurious sports car touches down!
Specifically, a man drove his Ferrari F40 a community road. This model has a standard ground clearance of just 12,5 centimetres. When driving over the manhole cover, the Ferrari touched down and suffered damage. This led to the man asking the municipality for damages, since they had neither attached warning signs at the danger point nor removed them. This requirement was met by the community insurance but dismissed on the grounds that the damage was merely due to the low ground clearance of the vehicle had arisen. Thus, the driver is to blame, because he should have recognized which route he was driving with his vehicle. The case was heard in court!
Is it the community's duty to warn of dangers?
The judiciary agreed with the municipality. Under certain circumstances, it is up to the municipalities to inspect the municipal roads, eliminate danger spots and put up warning signs, but in this case the raised manhole covers on the road in question were clearly visible. In addition, the road had a visible side slope. Therefore, the court judged the contributory negligence of the driver to be so high that the municipality was liable locked out became. With a car that low - albeit standard - even minor bumps in the road could be a hazard.
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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