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Accidents between the overthrower and the preceding left turn

Collisions between an overtaking vehicle and a vehicle turning to the left into another road are among the most frequent accident situations.


It is not easy to find the matching liability rate for each individual case for the individual case and only succeeds if all the circumstances of the individual case are considered. Weighing aids are in addition to the operating risks of the vehicles involved

    
The prima facie evidence of a fault on the part of the left -

    
The high requirements for a permissible overtaking, which always entails a particularly high accident risk.The liability rates of the court judgments therefore also give a rather chaotic picture.
 
Principles of Liability:

    
OLG Düsseldorf v. 07.02.1974:
    
In the event of a collision between a left-turning passenger car and a subsequent passenger car which is used for overtaking, the additional danger caused by the overtaking process is just as high as the increased risk caused by the turning of the left, as part of the balancing of the two-way operating risks.

    
OLG Cologne v. 30.06.1976:
    
For the weighing of the liability parts in the event of a collision of a left-hand bend with a left-hand driver, it can be of decisive importance that the operational risk of the overtaking vehicle exceeds that of the bend (here: 60% holding of the overtaking).

    
OLG Oldenburg from 14.11.1980 and LG München from 01.12.1982:
    
If a motorist travels from a short distance in an arc to the right side of a prefered circular road, and after a further 25 m when turning into a road turning to the left leads to a collision with a passing car behind him, the turn of 4/5 of the resulting Damage.

    
KG Berlin v. 04.03.1993:
    
The claim for damages of the overthipper in the crossing area can be judged by a rate of up to 1/3 if the left-turn driver activates the direction-of-travel indicator, fits up to the middle, but he misses the last hindsight, but this could only have been overtaken on the right.

    
OLG Schleswig v. 21.04.1993:
    
In the case of a collision between the overtake and the non-blinking, but slow-moving car driver, who has missed the second backlash before the left turn, a co-driver of the quarter's overtake is appropriate.

    
OLG Koblenz from 26.01.2004:
    
The odds in case of an accident between the left-turn and the overtake

    
OLG Nuremberg from 26 September 2006:
    
If a cyclist exceeds a left-turning car whose driver has positioned himself towards the center of the road and reduced his speed, but possibly not blinked and has contravened the second suspension requirement, a liability distribution of 50:50 is appropriate.

    
OLG Brandenburg v. 28.09.2006:
    
If the left turn has blown, but this was done relatively late, when the overtaking process had already begun, then a collision with an overtakeer would result in a liability of 80: 20 at the expense of the left turn. Even if the overtakeer perceives the flashing, he does not have to abort the already started overtaking process.
 
Liability balancing in the event of an accident between the left-turning car and the in-line Iinline skater:

    
OLG Karlsruhe v. 24.07.1998:
    
The use of the lanes is strictly forbidden in inline skaters and the cycle lanes are strictly prohibited. On the walkway, in the pedestrian zone and the traffic-calmed areas, you have to walk step-by-step (pedestrians) if you are at risk or handicap of pedestrians (liability of the left-hand railing 85%, of the inline skater 15
 
Turning truck:

    
OLG Düsseldorf v. 13.12.1971:
    
If a truck driver has already been placed 80 m in front of an inner city crossing after hindsight with the flashing light switched on, he does not need to observe the following traffic again before the left turn, but can rely on the fact that his turn is no longer overlooked Or misunderstood.

 
Blinded, but no second look back:

    
OLG Hamm v. 07.03.1980:
    
If the driver does not allow himself to be aware of the rear traffic by turning backwards, he / she increases the operating risk of his / her vehicle. The overwhelming fault - 2/3 - in an accident hits the motorist, who overtakes a vehicle on the left despite the left-hand angle.

    
OLG Cologne v. 28.01.2003:
    
If a motorcyclist overtakes a slow-moving column at the beginning of a right-hand curve and collides with a duly flashing car, which may have been covered by a transport vehicle beforehand, then in this unclear traffic situation, 80% Leader


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