Westerland accident: Who is liable if the handbrake fails?

Westerland accident: Who is liable if the handbrake fails?

An unusual accident occurred while transporting a small van on a car train in Schleswig-Holstein, which has now been decided by the Schleswig-Holstein Higher Regional Court (OLG). The incident occurred on August 24, 2022 on the route from Niebüll to Westerland on Sylt. A Mercedes Sprinter, which was connected to a car, crashed into the plaintiff's car twice, causing damage of around 20,000 euros.

How 24auto.de Reportedly, the van was properly secured with belts, but neither the handbrake nor the gear were engaged. This led to a dispute over who was liable for the damage caused when the van's insurance company refused to pay. The owner of the damaged car was forced to take legal action and sued the Sprinter's insurance company.

Court judgment and liability

In its judgment on July 31, 2024, the Schleswig Higher Regional Court ruled in favor of the owner of the damaged vehicle. The court found that the accident occurred during the operation of the van. This view is based on the broad definition of the term “when operating a motor vehicle” as set out in the judgment in case number 7 U 48/24. The judges emphasized that the level of care necessary to avoid such accidents, particularly applying the handbrake and engaging the gear, must be observed.

The OLG ruling made it clear that the operational risk also exists when traffic is stationary, especially if external influences such as wind lead to an accident. This was also the case with the collisions between the Mercedes Sprinter and the plaintiff's car, which were caused by improper preparation of the vehicle.

Finality of the judgment

The regional court initially upheld the lawsuit in its entirety. The evidence showed that neither the handbrake was applied nor the gear was engaged, which the van's insurance company tried to dispute with the argument that there was no operational risk. The defendant, the owner of the Sprinter, had also claimed that the belts could not withstand any stress and had only broken due to wear and tear. However, the appeal against the judgment was withdrawn on August 8, 2024, making the regional court's decision final, as stated burhoff.de holds on.

The case highlights the importance of properly securing vehicles and liability in the context of operational hazards when transported on car trains. The OLG's decision is being followed closely in the legal community as it could set the tone for similar cases in the future.