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The present case, to be decided by the Landgericht Essen under the number 13 S 9/24, took place in Austria. However, the person concerned was a German national and the question arose as to which law was applicable. This factor, which has to be determined in the first place, is also relevant in cases involving foreign countries. The scenario was as follows: The defendant was driving on a road with right of way into which the plaintiff wanted to turn. She had previously been driving on a side road. The plaintiff stated that she turned onto the road very carefully and slowly. Nevertheless, the defendant was unable to prevent the accident because she had probably changed lanes at that point. This fact was disputed by the parties.
The plaintiff therefore went to the German Regional Court to claim damages. There was no problem with the admissibility of the claim. It was then decided that Austrian traffic law was applicable on the basis of the principle of the place of the offence. Nevertheless, German principles of evidence, in particular prima facie evidence, applied.
However, it is clearly problematic that the plaintiff entered the road with the right of way. She clearly violated the right of way by entering the road and cannot provide sufficient evidence to the contrary. Due to the close temporal connection between the accident and the entry into the right of way, it is prima facie assumed that she is the person responsible for the accident and that her action is therefore futile. She is not entitled to any compensation and must bear all the costs.

Source: Pixabay/pay-attention-to-the-right-of-way-3189323_1280