Road traffic accident between an e-bike and a car
With the wind blowing through his hair, the e-biker pedals along almost automatically, lost in his own thoughts. In doing so, he underestimates the swift acceleration and approaches a sharp right-hand bend way to quick.
He looses control of his e-bike, falls off and slides onto the opposite carriageway where he collides with the passenger car approaching correctly but not able to prevent the collision despite an emergency stop. Fortunately, no-one is injured and only the car and e-bike sustain damage. It is clear to the rider of the e-bike that he is liable for the damage to the car. He is positively surprised when his insurance provider contacts him to inform him that he is also entitled to some partial compensation for the damage to his bike. Why is this?
These cases comprise what is known as liability collision. The individual liability norms are weighted against each other and the damage is split. The rider of the e-bike bears liability due to his culpability in accordance with the Code of Obligations (CO 41) and the owner of the motor vehicle due to increased causal liability in accordance with road traffic law (RTA 58). As a result, a vehicle owner behaving perfectly correct must also bear partial liability due to the operational risk for damages to third parties. The amount of the proportion of liability depends on various factors (culpability, speed, dimensions) and is assessed individually in each case.
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Published on 24.11.2023