result of § 1 No. 1 of the highway-speed directional Regulation recommended a leader of cars and other motor vehicles with a gross vehicle weight up to 3.5 tonnes, on the motorway no faster than 130 km drive / h. Nevertheless one may of course also go much faster, because the recommendation is not a ban. If you drive faster, but it can get in an accident on joint liability, even if the driver not be charged with negligence. A classic accident situation is that a vehicle moves from the right lane on the left control strip and the driver's rear Traffic has not observed enough over such a situation had the accident OLG Hamm in its ruling of 11.25.2010 (NJW Special 2011, 75) to decide. A car driver was at 160 km / h. the left lane of the highway road. Before him, another vehicle moved from right to left so scarce that the overhaul could not avoid the accident. In compliance with the recommended speed of the accident could have been prevented, but still, as one expert said. The Court of Appeals put the overtaking not a fault with n to load, but it assessed the so-called operating risk of the vehicle with 20%, because the increased speed has had a increased risk. Depending on the circumstances, the operational risk can be assessed even higher.
For faster driving on the highway above the recommended speed runs thus always a risk of liability, which may also result in substantial damages and compensation claims. At a negligence complaint against the driver, it is not so far. (Copyright ago)
For faster driving on the highway above the recommended speed runs thus always a risk of liability, which may also result in substantial damages and compensation claims. At a negligence complaint against the driver, it is not so far. (Copyright ago)
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