Traffic drama in Schleswig: Who is liable after a yellow light accident?

Traffic drama in Schleswig: Who is liable after a yellow light accident?

A crucial traffic accident, which led to the clarification of questions regarding the distribution of liability in traffic accidents, recently occurred in Schleswig. There was a collision between a scooter rider and a car driver at a traffic light intersection when the traffic light was yellow. Loud Borken newspaper A driver must generally be able to stop at a traffic light when the light turns yellow. Otherwise, he is allowed to enter the intersection area unless he could endanger himself or other road users.

In this specific case, the scooter driver was driving on a road with right of way at a speed of 70 km/h. There was a pedestrian traffic light about 20 meters before the intersection where green light could have been requested. The scooter driver passed the traffic light with the yellow light on, while at the same time a driver was waiting at the intersection waiting for the green light. The ensuing collision resulted in serious injuries to the scooter driver.

Legal questions and decisions

After the accident, the affected scooter driver demanded compensation for damages and pain and suffering from the driver's insurance company. However, she refused to pay the full amount and pointed out that the scooter driver was partly to blame. The Schleswig Higher Regional Court (OLG) decided in its judgment of April 14, 2025 with file number 7 U 10/25 that the driver was solely to blame.

The court made it clear that waiting for a yellow light can be dangerous for scooter drivers. It was also explained that the scooter driver was not obliged to apply emergency braking during the first phase of the yellow light and was therefore allowed to continue driving under yellow light. The decision was based on the assessment that the waiting driver had a heightened duty of care and was solely liable for the accident.

Influence of yellow light and safety behavior

The decision of the Schleswig Higher Regional Court provides an important instruction on the distribution of liability for right-of-way violations and traffic light intersections. With reference to the established case law of the Federal Court of Justice, it is crucial to take the causation shares into account. It is emphasized that failure to comply with the right of way constitutes prima facie evidence of the sole liability of the violator of the right of way.

In summary, the driver's insurance company must now pay full compensation. This happens regardless of the yellow light violation at the pedestrian traffic light, which had no direct impact on the intersection area dejure.org reported.