accident with the police car: is always the private person at fault?
Since 1880, the so-called martin horn unmistakable for care in road traffic. Because if the sound of the fanfare from a patrol car with a frequency between 360 and 630 hertz to the ear of road users, they know that a rescue or emergency vehicle is nearby. This way, an emergency lane can be formed in good time for the police or emergency services and a free passage can be guaranteed.
However, car drivers are not always able to react in time because they do not know the hear signal too late for example. In such stressful situations, an accident with the police car can be the result. In the event of such an accident, quite a few road users are uncertain about the extent to which the officers involved in the accident are held responsible can be.
If, in the event of an accident involving the police vehicle, civilians may be always the driver of the private vehicle at fault? Do the officers also have a liability in case of misconduct on their part? liability privilege, if there is an accident with the police car because you were driving on duty? Find out this and more in the following guide.
FAQ: accident with a police car
No, despite some special rights (e.g. B. right of way) of the police, a duty of care also applies to them. If the accident occurs, it is clarified whether these were injured.
Yes, especially if the accident was your own fault and you were not on duty during the accident.
claims are handled by the respective department or the country in which the police officer is employed.
specific guide to traffic accidents by vehicle& type of traffic involvement
Rights and duties during emergency response
In the event of a traffic accident with a police vehicle, the first thing to clarify is whether the vehicle was in danger car in an operation the road, the other road users must give it a to grant the right of way was.
§ 35 stvo grants among other things service vehicles of the police special rights, which exempts the officers from the rules of the stvo. The privilege of such special-law vehicles however, is always subject to the consideration of public safety.
In § 38 stvo in certain cases, the special rights vehicles are qualified by the occurrence of an right of way. If a police car is under use of blue light and martin horn on the road, it is the duty of all other road users to create a clear lane immediately.
So even though the stvo gives police vehicles certain freedoms, these do not apply without restriction. For example, an emergency driver cannot simply rely on the fact that his right of way will be observed by all other truck, motorcycle and car drivers. Rather, he must always make sure and is subject to a separate duty of care when exercising its special rights.
Accident with the police car: what is to be considered?
In an accident with a police car, the decisive factor is whether the martin horn and blue light were switched on.
Although the police are granted specific special rights by the road traffic regulations in order to fulfill their sovereign duties, the question of guilt is decided in the event of an accident with the police car not necessarily at the expense of the other party to the accident. Because an officer is without martin horn and blue light or if you are only driving with one of the two signals, the right of way does not apply. A disregard of possible traffic regulations is then not legally legitimized.
Even if it is an emergency drive with corresponding acoustic-visual markings, the officers receive no free pass for driving maneuvers in violation of duty. Especially a duty of care applies at intersections, according to which the officer may only drive so fast that he can stop in time in the event of cross-traffic. If an accident occurs with a police car because the police officer carelessly crossed the intersection, he is fully liable because the accident was his own fault.
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