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Liability situation in overtaking accidents with unclear traffic situation

Every driver knows the following situation: the car in front stops behind a parked car and it is not exactly clear whether the car in front wants to park or merely make room and wait. Anyone who carelessly overtakes this car must expect to be legally prosecuted.
The Working Group on Traffic Law of the German Bar Association comments on this. Referring to a judgement handed down by the Lübeck Regional Court, they explain that one should always wait if the traffic situation is unclear. In case of doubt, it is better to stop and wait, because otherwise you have to be aware that you could be liable. The Regional Court had to deal with a case in which a bus and a car collided with each other. The bus wanted to overtake a stopped car. Just at that moment, the driver of the car also swerved and the two vehicles collided. In the absence of unambiguous witness statement, only the contradictory statements of the persons concerned can be taken into account. The Court of appeal had thus subsequently confirmed the judgement already passed by the district court. Both road users had disregarded their duty in that the car driver did not look behind and the bus driver did not look ahead either. As a result, the respective injured parties had to meet in the middle and bear half of the damage. So the golden rule for everyone is to drive with foresight. It is right to prefer to wait and continue driving when it is safe to do so.