Cologne Higher Regional Court: Accident victim is not liable for missing seat belt!

Cologne Higher Regional Court: Accident victim is not liable for missing seat belt!

A ruling by the Cologne Higher Regional Court on August 27, 2024 caused a stir after a serious traffic accident with tragic consequences led to clarification in the civil courts. The case revolves around an accident that occurred in September 2018. A drunk driver raced at over 150 km/h on a country road where the maximum speed limit is 70 km/h. As a result, the driver crossed into the oncoming lane and collided head-on with an oncoming vehicle, causing several occupants to suffer serious injuries.

A female passenger in the opposing vehicle was particularly affected and suffered serious injuries. Another passenger who was sitting in the back seat and was not wearing a seatbelt also sustained injuries. The liability insurance of the person who caused the accident then demanded recourse from the passenger who was not wearing a seatbelt, arguing that her failure to wear a seatbelt contributed to the passenger's injuries. However, the Cologne Higher Regional Court saw liability differently.

Court ruling and reasons

The Higher Regional Court dismissed the liability insurance claim and found that a violation of the obligation to wear a seat belt could in principle give rise to liability for the passenger who did not wear a seat belt. In the present case, however, the serious fault of the person who caused the accident was so dominant that it completely excluded the passenger's liability. The court emphasized that the weighing of guilt is crucial in such cases and can result in complete exoneration of the passenger who was not wearing a seat belt if the person who caused the accident contributed to the accident in a particularly serious way.

The insurance company of the person who caused the accident initially demanded that it only cover 30% of the costs for the passenger's injuries. 70% should be carried by the occupant who is not wearing a seatbelt. An expert report had established a connection between the failure to wear a seatbelt and the passenger's injuries by determining that the passenger's knees had penetrated the backrest of the passenger seat and thus contributed to the injuries. Nevertheless, the Higher Regional Court confirmed the decision of the Bonn Regional Court, which had already dismissed the lawsuit in July 2023.

Legal situation and future development

The higher regional court's ruling is not legally binding, which means that the liability insurance company could potentially file a non-admission complaint. It therefore remains to be seen whether the legal situation will be reviewed again in the course of further legal steps. The decision makes it clear that in German law the requirement to wear a seat belt acts as a third-party protective norm that is intended to protect vehicle occupants from injuries caused by passengers who do not wear seat belts.

Overall, the case shows that even when obligations are clearly identified, the precise legal assessment and the question of individual guilt are crucial for liability. While the court draws a clear line in the case of the serious accident, the case remains exciting in a legal sense and could have far-reaching effects on similar cases.