Advertisements:
Monster
Meetic

Drivers responsible for dodging Oktoberfest drunks

So decides a Munich court

Pages: 1 2 3 4 5
The Local
Four days before the world's largest beer festival begins, a German court has ruled that a motorcyclist who collided with a drunken pedestrian during Oktoberfest in 2006 was partly to blame because she should have expected the road to be full of party-goers.

The female biker was driving at a legal speed of between 40 and 50 km per hour (25 and 31 mph) around midnight during the festival three years ago when she hit a man who was crossing the road at a red light during the beer festival.

The Munich court ruled Monday that she "was 50 percent responsible" for the accident at the festival, which attracts millions of revellers every year.

122 words remaining. Click to read the [thelocal="http://www.thelocal.de/21927/">full article[/thelocal].

Note: Comments posted below will also be published on The Local.
manulvu
Wow ! I can not believe it, Germany now has a "Drunkards protection law". So stupid of the German law system, I really feel sorry for the lady on the motorbike.
Portnoy
You jump into a pit of alligators, it's a bit disengenuous to then sue the alligators for biting you.
design
any excuses for these people to drink beer and eat sausage they use..it is their national right to be ignorant.
lamontia
A message to two of the contributors above "Did you actually read the story?".
The motorcyclist sued the drunk guy after SHE hit HIM. I absolutely back the German Law this time (normally I am more sceptical) and I think the motorcyclist is the "typical" German in this case - "I have a right to ride my bike at the speed limit and if a drunken Wiesn goer crosses the road I can run into him and then sue him".
And as for the "Drunkards Protection Law", I think you will find that the German Court refused to put in place a "Protect stupid motorcyclists Law".
The poor guy had a bad day. He got run down by a motorbike, taken to court for damages, and then charged half the costs - just because he visited one of the biggest tourist events in the World.
And one last point, most Bavarians I know (and I live here) a) don't like the Wiesn and b) don't visit the Wiesn (they visit smaller festivals). The ones that do can generally hold their beer. So most of the drunks at the Wiesn are actually tourists.
Clapoti
Well the guy crossed at a red light, so it's his fault and the motorcyclist shouldn't be blame for it I think.
HellesAngel
The 'drunkards protection law' is usually referred to as the StVO, or Strassen Verkehrs Ordnung (or similar), which protects all road users be they drunk or otherwise and requires of everyone that they take reasonable care to avoid causing accidents. It grants nobody a god-given right to drive at any speed they see appropriate be that something called the speed limit or any other but requires of everyone to adjust their style of driving according to likely risks that the environment may pose, and that everyone should be capable of anticipating such dangers.

In other words the bitch on the motorbike deserves to pay at least half and should probably be slapped for being self-centred and stupid.
Krieg
If you did your license in Germany instead of converting it you would understand why she is partially guilty. As a driver you have to expect the unexpected. She lost because she insisted it was her right to drive at full speed in a place that could have drunk people left and right, she should have said she did what she could but at the end it was not possible to avoid the collision.
Expaticus
If you did your license in Germany instead of converting it you would understand why she is partially guilty. As a driver you have to expect the unexpected.
Really? This is the diametric opposite of what my German wife always tells me when she's giving me an earful when I demonstrate US-taught "defensive driving" skills.

When I 1) approach an intersection and I'm on a priority road (as shown by the yellow diamond) and think a car approaching from the other directions looks like the driver could be inattentive and or experiencing brake failure and prophylactically cover my brake and swerve over a bit or 2) brake a bit and wait until the headlights overtaking me in the left lane on the autobahn clear instead of just lurching out into the left lane at speed to overtake the slower car in front of me in the right lane or 3) give bikes and pedestrians wide berth, I'm always told "if you cause an accident by being 'overly careful' you'll be at fault for any accident you may cause by just plowing ahead under the St. VO" (who appears to be the patron saint of head-on collisions).

Apparently, you can't win!
The-ex-pat
Well this does not bode well for Silvester or the 1st of May then.
eurovol
He caused the accident, broke the law to do it even and so he should be 100% responsible. I am sick and tired of bike riders and pedestrians crossing on red right in front of me. I guess this ruling will make me think twice about mowing the Darwin Award wannabes down from now on. Damn, I was so looking forward to getting a few points!
Chrisimo
Really? This is the diametric opposite of what my German wife always tells me when she's giving me an earful when I demonstrate US-taught "defensive driving" skills.

When I 1) approach an intersection and I'm on a priority road (as shown by the yellow diamond) and think a car approaching from the other directions looks like the driver could be inattentive and or experiencing brake failure and prophylactically cover my brake and swerve over a bit or 2) brake a bit and wait until the headlights overtaking me in the left lane on the autobahn clear instead of just lurching out into the left lane at speed to overtake the slower car in front of me in the right lane or 3) give bikes and pedestrians wide berth, I'm always told "if you cause an accident by being 'overly careful' you'll be at fault for any accident you may cause by just plowing ahead under the St. VO" (who appears to be the patron saint of head-on collisions).

Apparently, you can't win!
1a) If you break to a full stop with screeching tyres and the driver behind you crashes into your car you will be partially blamed
1b) If you swerve over a bit and crash into the incoming traffic you will be blamed
2) You won't be blamed at all
3) Like '1b' you will be blamed (partially) if you give them a wide berth and crash into something or cause incoming traffic to crash into something because they had to avoid you
eddymanly
It means that if a drunkard rapes a girl during Octoberfest will not be fully blamed. The girl is also "50% responsible", she should know there must be a bunch of drunkards, and she should stay at home all the time, shouldn't walk alone on the street, and no sexy clothing during Octoberfest.
LOL......
Chrisimo
lol indeed, mixing Straßenverkehrsordnung and Strafrecht
ian
The law is not to different in the UK where the speed limit is in fact the maximum speed limit. You should be aware of other dangers and drive accordingly. It is the drivers responsibility to look out for potential danger.

If someone is illegally crossing the road, because you are in the right it gives you no right to kill them.

The Highway Code. 125
The speed limit is the absolute maximum and does not mean it is safe to drive at that speed irrespective of conditions. Driving at speeds too fast for the road and traffic conditions is dangerous. You should always reduce your speed when:

  • the road layout or condition presents hazards, such as bends
  • sharing the road with pedestrians, cyclists and horse riders, particularly children, and motorcyclists
  • weather conditions make it safer to do so
  • driving at night as it is more difficult to see other road users
146
Adapt your driving to the appropriate type and condition of road you are on. In particular do not treat speed limits as a target. Nor that bloke in lederhosen! It is often not appropriate or safe to drive at the maximum speed limit.
Pages: 1 2 3 4 5
You are viewing a low fidelity version of this page. Click to view the full page.