Wegweiser Road accident victims · Claims after the accident Deutsch

🚲 Cyclists and pedestrians as accident victims

Hurt as a cyclist or on foot: claims against the driver, helmets and contributory fault, special rules for children.

In brief

If a car injures you as a cyclist or pedestrian, the keeper is in principle liable for the danger posed by the car. This applies even if the driver is not at fault.

  • Even without a bicycle helmet, according to the Federal Court of Justice (Bundesgerichtshof), you do not automatically get less money. The BGH ruled so in 2014; the Kammergericht Berlin (Berlin Court of Appeal) also stuck to this line in 2022. For S-pedelecs (fast e-bikes), however, a helmet is compulsory.
  • If you behaved wrongly yourself, your claim can be reduced.
  • Under the law, children under 10 are not responsible in accidents with motor vehicles in moving traffic, except in cases of intent; this does not apply to parked vehicles.

Secure evidence and have injuries recorded by a doctor.

Step by step

  1. Get helpCall the ambulance service and the police, have injuries treated by a doctor.
  2. EvidencePhotos of the scene, bicycle, clothing, witnesses; do not throw away the bike and equipment straight away.
  3. Record the damageList property damage (bike, clothing, glasses), medical costs, loss of earnings.
  4. ReportRegister claims with the other party's motor liability insurer, if necessary with a lawyer.

Deadlines

up to 10 years
Children: no responsibility in a motor vehicle accident until the 10th birthday, except in cases of intent (ages 7 to 10)§ 828 BGB
3 years
Limitation period for claims (regular)§ 195, § 199 Abs. 1 BGB
Watch out – common mistakes
  • The BGH helmet decision (2014) was confirmed in 2022 by the KG Berlin: there is no general public awareness of wearing helmets. The case of sporty, ambitious racing cyclists was left open.
  • For ordinary bicycles, no law requires a helmet; according to the BGH this did not establish contributory fault. For S-pedelecs a helmet is compulsory (§ 21a Abs. 2 StVO); the BGH decision does not apply there.
  • Your own misconduct (running a red light, wrong side of the road) can reduce your quota.
  • The allocation of liability depends on the individual case.
In depth · legal basis, figures and practice – for advisers and professionals

BGH on the bicycle helmet

On 17 June 2014 (VI ZR 281/13), the Bundesgerichtshof ruled that not wearing a bicycle helmet does not lead to a reduction of the claim for contributory fault. The court of appeal had deducted 20 percent. The BGH reasoned that there was no helmet requirement and that, according to traffic observations, only about 11 percent of urban cyclists wore a helmet at the time of the accident in 2011. The case concerned an opened car door. The Kammergericht Berlin confirmed this line in 2022 (no general public awareness). The case of sporty, ambitious racing cyclists was left open. For S-pedelecs a helmet is compulsory under § 21a Abs. 2 StVO; the BGH decision does not apply there.

Children, § 828 BGB

Anyone who has not turned seven is not responsible for damage. Between 7 and 10, this applies to accidents involving a motor vehicle, a railway or a suspension railway, except where the damage was caused intentionally. The privilege applies only if the typical danger of the motor vehicle in moving traffic has materialised, not for parked vehicles (BGH 30 November 2004, VI ZR 335/03 and VI ZR 365/03). From 10 to 18, responsibility can be ruled out if the child lacked the capacity to understand.

Strict liability

§ 7 StVG also applies where the injured parties are pedestrians and cyclists; the contributory-fault rules of § 9 StVG and § 254 BGB remain applicable. The keeper's liability towards pedestrians and cyclists is excluded only in cases of force majeure (§ 7 Abs. 2 StVG); § 17 Abs. 1 to 3 StVG applies between vehicle keepers, not towards them.

Who is responsible
  • Other party's motor liability insurer
  • Lawyer specialising in traffic law
  • Police (accident report)

Quick questions

Worum geht es bei „Cyclists and pedestrians as accident victims“?
Hurt as a cyclist or on foot: claims against the driver, helmets and contributory fault, special rules for children.
Which deadlines and figures matter?
  • up to 10 years: Children: no responsibility in a motor vehicle accident until the 10th birthday, except in cases of intent (ages 7 to 10) (§ 828 BGB)
  • 3 years: Limitation period for claims (regular) (§ 195, § 199 Abs. 1 BGB)
What should I do first?
  • Get help: Call the ambulance service and the police, have injuries treated by a doctor.
  • Evidence: Photos of the scene, bicycle, clothing, witnesses; do not throw away the bike and equipment straight away.
  • Record the damage: List property damage (bike, clothing, glasses), medical costs, loss of earnings.
What do I need to watch out for?
  • The BGH helmet decision (2014) was confirmed in 2022 by the KG Berlin: there is no general public awareness of wearing helmets. The case of sporty, ambitious racing cyclists was left open.
  • For ordinary bicycles, no law requires a helmet; according to the BGH this did not establish contributory fault. For S-pedelecs a helmet is compulsory (§ 21a Abs. 2 StVO); the BGH decision does not apply there.
  • Your own misconduct (running a red light, wrong side of the road) can reduce your quota.
Evidence
  • Bundesgerichtshof (Federal Court of Justice), press release no. 095/2014 on VI ZR 281/13 of 17 June 2014, retrieved 20 September 2026
  • Bundesministerium der Justiz (Federal Ministry of Justice), Gesetze im Internet: BGB §§ 254, 828; StVG §§ 7, 9, retrieved 20 September 2026
  • ADAC, Verkehrsunfall: Diese Kosten muss die gegnerische Versicherung zahlen, retrieved 20 September 2026
  • Bundesgerichtshof, judgments of 30 November 2004, VI ZR 335/03 and VI ZR 365/03 (§ 828 Abs. 2 BGB)
As of

September 2026 · Sources and method

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