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