Kollision an der Auffahrt: Autobahnunfall: Ist fast ganz eingefädelt genug eingefädelt?

When planning to merge onto an autobahn, drivers must prioritize the flowing traffic, even if their vehicle is only partially on the acceleration lane. However, the tailgater must remain vigilant and can contribute more if an accident occurs. This is highlighted by a decision from the Landgericht (LG) Hamburg (case number: 306 O 375/25), which the ADAC draws attention to.

The case involved a collision between two trucks. One truck entered the acceleration lane and attempted to merge onto the main traffic lane due to a traffic jam. The leading vehicle had to stop because of the congestion. Consequently, the truck in the acceleration lane was only partly on the acceleration lane, with its rear right tire still on the acceleration lane. Upon the traffic resuming, a truck in the main traffic lane collided with it. Both vehicles sustained damage, and both parties sought compensation.

The argument of the truck attempting to merge was that the process was already complete. It had been in that position for several minutes before traffic resumed. The merging vehicle denied this and appealed to the priority right of through traffic. The court evaluated the arguments of the parties involved. The court concluded that the act of merging was not yet complete as part of the vehicle was still on the acceleration lane.

Therefore, the court found a violation of the priority rule for flowing traffic. However, they acknowledged that most of the merging process was complete and that traffic had already stopped in the meantime. The situation could have been noticed by the tailgater if they had acted with due diligence. Hence, the court decided that 60% of the liability should be attributed to the merging truck and 40% to the truck in the main traffic lane.