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Liability in the event of a collision with a car turning in contravention of traffic regulations

The person making the U-turn wanted to drive his vehicle in the opposite direction and so started to do so on a road that was not suitable for making a U-turn. On the contrary, it was prohibited at the place concerned. During the turning process, the driver had to wait for a short time because there was still traffic on the road he wanted to drive on. The car driver, who now collided with the turning driver, announced his coming by honking and subsequently reduced his speed. However, he did not stop, so that the two cars collided. As a result, the motorist who turned in violation of traffic regulations was required to pay compensation for half of the damage suffered by the person who collided with him. However, the latter demanded full payment or reimbursement of the damage he suffered as a result of the accident. However, the competent court rules that contributory negligence also applies in this case. It is true that the turning motorist acted contrary to traffic regulations by turning around and coming to a stop on the roadway. Nevertheless, it must be held against the approaching driver that he should not have relied on the blocking motorist leaving the lane until he arrived there. He merely reduced his speed and accepted that he would collide with the turning vehicle. Instead, he should have acted in accordance with the duty of consideration that applies in road traffic. The sentencing court makes contributory negligence dependent on whether the accident could have been avoided by fully braking. In the present case, if the driver had brought his vehicle to a halt in time, the accident would not have occurred, so that contributory negligence can be imposed on him in a comprehensible and legally effective manner. The driver, who turned around on the road, therefore correctly had to bear only half of the damage.