Rechtsstreit nach Unfall: Lkw auf Gehweg, Kind wird auf Straße erfasst - wer haftet?

A traffic accident involving a child highlights the question of who is liable. The incident occurred when a truck driver had parked his vehicle, using stabilizers along the side of the road. The child, riding a motorcycle, ventured onto the sidewalk to avoid the blocked path. As a result, a car collided with the child. The parents demanded compensation and damages, totaling around 92,500 Euros.

The dispute centered on the division of liability - how much each party should be held responsible. Two insurance companies offered differing opinions. The truck driver's insurer claimed it was not responsible, arguing that the truck's operation was terminated once it was parked using the stabilizers. The car driver's insurer, however, placed the majority of the blame on the truck driver, citing his behavior as the cause of the child's decision to cross the street.

The initial trial court ruled in favor of the truck driver, allocating two-thirds of the liability to him. The matter was appealed to the Oberlandesgericht (OLG) in Dresden, which ultimately affirmed the first instance decision. The OLG noted that the act of loading or unloading a vehicle is part of its operation, regardless of the use of stabilizers.

Consequently, the truck driver's insurance company was deemed liable. However, the truck driver had violated parking rules during his vehicle was stationary, while the car driver was on the move. The OLG concluded that the car driver was negligent in failing to anticipate that pedestrians, including children, might need to cross the street due to the obstruction caused by the truck.

Therefore, the OLG deemed the first instance's two-thirds liability allocation for the truck driver appropriate. The truck driver was found to be responsible for one-third of the damages.