Court verdict: Who is to blame for the dramatic highway crash?

Court verdict: Who is to blame for the dramatic highway crash?

On May 30, 2025, there was a serious accident on the highway between a driver and a truck ka-news reported. The case is currently being dealt with by the Nuremberg-Fürth Regional Court (ref.: 8 O 4305/24). The collision occurred when the truck driver wanted to move into the middle lane and signaled to do so. However, the driver who was in that lane saw this as too late and tried to avoid a collision by accelerating. However, this decision did not lead to the desired result.

In the altercation that followed, both drivers blamed each other. The truck driver argued that the driver should have reacted to the lane change early and braked. In contrast, the car driver claimed that the truck driver's signal was too late and he tried everything to avoid the collision. The court found that the truck driver had not reported his change in a timely manner, which was considered a serious violation.

Court verdict and liability ratio

The court ruled that the car driver also failed to react properly by accelerating instead of braking, which increased the likelihood of a collision. Nevertheless, it was noted that the driver could trust that the vehicles behind him kept a sufficient safe distance. Ultimately, it was determined that the liability ratio was 80 percent at the expense of the truck driver and 20 percent at the expense of the car driver. This judgment shows the complexity of traffic accidents and liability issues in German traffic law.

In another example, this anwalt.de discussed, the Lübeck Regional Court decided on November 15, 2023 in a similar case about liability for lane change accidents. Here the driver of a compact van changed lanes and collided with a limousine driver. He demanded compensation and argued that the van driver had breached his duty to ensure traffic safety. In this case, the van driver was deemed to be the primary culprit because he could not prove that the limousine driver had breached a duty of care.

Legal basis and effects

The legal basis for liability in German traffic law is taken from the Civil Code (BGB), §§ 823 ff. BGB. The crucial points are the breaches of duty of care and the prima facie case, according to which, in typical lane changing accidents, it is assumed that the person changing lane is responsible. This could encourage drivers to be more careful when changing lanes and help strengthen the position of those affected. Insurance companies also have to pay more attention to the burden of proof when settling claims.

The more recent rulings provide legal guidance for road users and emphasize the importance of conscientious driving, especially when changing lanes. Those affected should be aware of potential liability to minimize risks and avoid accidents.