Pedestrian accidents are motor vehicle vs pedestrian conflicts. Due to the principle of "minimum fault" of the driver, the pedestrian usually has an advantage.
Rights of the Pedestrian
- Treatment expenses
- Temporary/permanent incapacity
- Pecuniary damage
- Deprivation of support (death)
- Right to direct application to insurance (KTK art. 97)
Fault In its detection
- The driver is usually 100% at fault in the accident at the pedestrian crossing
- Pedestrian at fault in crossing the road: 20-50% fault
- Pedestrian walking on the highway: 50%+ fault
- Child pedestrian: special protection (fault reduction)
Driver's Liability (KTK) Article 74)
"Drivers must slow down and adapt their speed to the traffic order when approaching pedestrian crossings, sidewalks, unprotected vehicles, animals and disabled people."
Supreme Court 17. HD
17. HD emphasizes that in an accident at a pedestrian crossing, the pedestrian is considered "in principle perfect" and the driver has a obligation of special care.
Child/Elderly Pedestrian
- Additional attention is expected from the driver
- Conjoint fault is not applied or reduced
- TBK art.65 incapable of discrimination
Traffic compensation lawyer recommended.