Germany:
speed limit 130 km / h (80 mph) through the back door
speed limit 130 km / h (80 mph) through the back door
Germany:
The speed limit is already there!
The speed limit is already there!
first By court decision: the recommended speed of 130, otherwise partly responsible
second The high traffic density and congestion
third Top speed permanent lowering of the permitted by the authorities
4th Of economy: High speed High-consumption
5th Poor road conditions
What the politicians managed was a court ruling reality
If you drive faster in Germany on a non-rate-limited highway section as 130 km / and verungückt it has no insurance coverage. Since it is recommended to any car or motorcycle, it's released on the last highway sections to really drive no faster than 130 mph.
The case:
maximum speed of 130! If you drive faster, liable with
ARD program: Advisor Law of 12 Jan. 2008
From the normal everyday road traffic are the signs that point motorists to the recommended speed of 130 km / h as good as gone. The blue signs on which a white is 130 can basically see is the one who enters Germany by car.
However, the recommended speed is not a vague indication of the legislature to the driver or even a charter from the grass. She has a very important legal terms and have been in 1992. An experience that had to now make many drivers. So also Christian W.
early December 2002, he is traveling on the A95 in direction Munich. Just before the exit, "Star Mountain", he wants to pass around 160 kilometers per hour a convoy of cars. But when he's on the left lane, suddenly sheared off from the right of a cart. W. is shocked and verreißt the steering wheel. The car is skidding and crashes into a group of trees at the edge of the highway.
Christian W. is unconscious and trapped in the car must be released from the fire department - severely injured. To this day he suffers the consequences of the accident. Polluters committed hit and run can not be determined. What Christian W. no suspects at this time: He has secondary liability for the damage, although he has not done anything illegal.
The reason: At the accident site but there is no speed limit, but here is the recommended speed of 130 km / h, and there was Christian W. faster - a serious mistake.
has since in 1992 the Federal Court decided : The recommended speed must be maintained. This means that the person faster than 130 km / h. usually mithaftet in an accident, regardless of whether he caused the accident or not. Depending on the speed this is joint liability at 20 to 25 percent . So anyone who does not follow the recommended speed is, in the event of a case in principle also be held accountable.
provides for traffic law experts, the verdict almost a speed limit dar. through the back door, especially since the judges very high demands on Germany's drivers. The so-called "Ideal Driver" is characterized by correct, mentally present actions, he must avoid dangerous situations and, unless otherwise specified, it must comply with the recommended speed. He must therefore go no faster than 130th A very important point.
For who exceed the recommended speed is no longer an ideal driver and secondary liability assessed accordingly. To not be liable, should the motorist to prove that the accident would have occurred even at 130 km / h in the same way. And technical proof of this rule is impossible.
A receipt, which could not lead Christian W.. He has not done anything illegal and is now secondary liability anyway - must have a most of the cost of 75,000 € pay. Without his parents he would be financially at the end. His job learned he can not exercise more, and in everyday life, he is still constrained by the consequences of severe injuries limited physically. The accident has changed his life.
Affected motorists often lead to well-built highways and the high technical standard in most cases the car as a reason for her speeding. But these two factors are purely legal terms, not a license from the grass, also have the judges made clear in their verdict.
The condition of the highway and the technical capacity of the vehicles ultimately support only the so-called ideal driver. But the decision to go faster, but the remains of the actual driver. Therefore, it is attributed to them accordingly and they are then drawn precisely in the event of a case to justice.
The ARD Guide: Law made to the test and asked for at various Ratstätten whether Germany about women drivers and motorists the judges saying and especially its consequences at all. The net result is sobering. Very few knew which tort law it may have if you do not adhere to the recommended speed of 130.
Christian W. is still stunned when he thinks back to his accident. He has learned the lessons from it. Today he drives a lot of defensive and conscientious, he does not drive faster than 130 as well as it did. Conscientious and drive defensively and not faster than the recommended speed it claims - the principles that in Germany should not take to heart a lot more people. After all, who rushes and does not meet the recommended speed, the risk not only to insurance coverage, but also endangers human life, plain and simple.
Christian W. is unconscious and trapped in the car must be released from the fire department - severely injured. To this day he suffers the consequences of the accident. Polluters committed hit and run can not be determined. What Christian W. no suspects at this time: He has secondary liability for the damage, although he has not done anything illegal.
The reason: At the accident site but there is no speed limit, but here is the recommended speed of 130 km / h, and there was Christian W. faster - a serious mistake.
has since in 1992 the Federal Court decided : The recommended speed must be maintained. This means that the person faster than 130 km / h. usually mithaftet in an accident, regardless of whether he caused the accident or not. Depending on the speed this is joint liability at 20 to 25 percent . So anyone who does not follow the recommended speed is, in the event of a case in principle also be held accountable.
provides for traffic law experts, the verdict almost a speed limit dar. through the back door, especially since the judges very high demands on Germany's drivers. The so-called "Ideal Driver" is characterized by correct, mentally present actions, he must avoid dangerous situations and, unless otherwise specified, it must comply with the recommended speed. He must therefore go no faster than 130th A very important point.
For who exceed the recommended speed is no longer an ideal driver and secondary liability assessed accordingly. To not be liable, should the motorist to prove that the accident would have occurred even at 130 km / h in the same way. And technical proof of this rule is impossible.
A receipt, which could not lead Christian W.. He has not done anything illegal and is now secondary liability anyway - must have a most of the cost of 75,000 € pay. Without his parents he would be financially at the end. His job learned he can not exercise more, and in everyday life, he is still constrained by the consequences of severe injuries limited physically. The accident has changed his life.
Affected motorists often lead to well-built highways and the high technical standard in most cases the car as a reason for her speeding. But these two factors are purely legal terms, not a license from the grass, also have the judges made clear in their verdict.
The condition of the highway and the technical capacity of the vehicles ultimately support only the so-called ideal driver. But the decision to go faster, but the remains of the actual driver. Therefore, it is attributed to them accordingly and they are then drawn precisely in the event of a case to justice.
The ARD Guide: Law made to the test and asked for at various Ratstätten whether Germany about women drivers and motorists the judges saying and especially its consequences at all. The net result is sobering. Very few knew which tort law it may have if you do not adhere to the recommended speed of 130.
Christian W. is still stunned when he thinks back to his accident. He has learned the lessons from it. Today he drives a lot of defensive and conscientious, he does not drive faster than 130 as well as it did. Conscientious and drive defensively and not faster than the recommended speed it claims - the principles that in Germany should not take to heart a lot more people. After all, who rushes and does not meet the recommended speed, the risk not only to insurance coverage, but also endangers human life, plain and simple.
ARD Guide right, Authors: Louis P. Klug / Mark Bonkowski
Link to send Manuscript (PDF download)
video review Watch
The verdict
BGH, Judgement of 03.17.1992 (VI ZR 62/91)
What does the Highway Code
in town: 50km / h
Highways: 100 km / h
highways: the recommended speed of 130 km / h
comment Highways: 100 km / h
highways: the recommended speed of 130 km / h
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