Münster (dpa / tmn) - As long as their complicity cannot be clearly proven by incorrect behavior, e-scooter drivers do not have to be liable after accidents.
A so-called no-fault liability from the operational risk only exists for vehicles with speeds from 21 km / h. This shows a judgment of the Münster Regional Court (Az .: 08 O 272/19), to which the ADAC refers.
In the negotiated case, a woman was driving a car on a main road and, after a missed exit, wanted to turn around with the "U-turn" at the next opportunity. She therefore drove at a traffic light onto a lane for left turners and turned.
At this point there was a crossing with a traffic light. There the woman collided with an e-scooter driver. The woman wanted to be credited for her own fault, but at the same time she demanded compensation from the opponent of the accident. Your argument: An e-scooter is a motor vehicle, so there must be no-fault liability. In addition, the man had driven too fast and, according to her, the traffic light that was valid for him also showed red.
E-scooters do not drive faster than 20 km / h
The matter went to court, which judged in the sense of the e-scooter driver. Because the judges excluded no-fault liability because the scooter could not drive faster than 20 km / h.
In addition, it could not be proven that the man ran grossly negligent in the red. Rather, testimony from witnesses suggested that he waited for green and left after stopping. The court assumed that the driver was distracted in the search for the right street and had overlooked the e-scooter.
According to Section 8 of the Road Traffic Act, no-fault liability is excluded if a vehicle on a flat route does not exceed 20 km / h. Liability therefore only begins at 21 km / h, explains the ADAC.