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Judgments on accidents with emergency vehicles in Germany
LG Itzehoe, Az .: 6 O 67/97:If the driver of a rescue vehicle, using the special rights at red
light, moves at a considerable speed into a confusing junction, so fast
that he can not stop his vehicle if the vehicle is to be crossed, there
is considerable traffic congestion.The holder of the emergency vehicle is fully liable in such a case. The operation of the damaged vehicle is canceled.OLG Nuremberg, Az. 4 U 2349/99:Although the blue light is on, the driver of an emergency vehicle is particularly concerned about traffic. If he runs into a crossroads with a blue traffic light at a speed of
67 km / h, Blaulicht enters the crossroads without a Martinshorn. A
motorcyclist who has already stopped will be blamed for the accident.OLG Dresden, Az. 12 U 2428/00:The
ride with Blaulicht and Martinshorn increases the operational risk of
the emergency vehicle, since this leads to a hindrance and an abstract
danger to other road users. The driver of the emergency vehicle must therefore pay careful attention to the fact that other road users are not put at risk.KG Berlin, Ref. 12 U 138/01The keeper of a service car equipped with Signalhorn and Blaulicht
shall be liable for the damage caused by an accident which occurred when
entering a crossroads in the case of red light if it can not prove that
the accused could have perceived or heard the warning signals.It is only from the moment when the other transport user could have
perceived the special signal that the passenger makes the bid
immediately.OLG Celle, Ref. 14 U 138/04If
an off-road vehicle with a blue indicator light and a Martinshorn
enters an intersection in spite of a red light signal, its driver can
not reasonably assume that all traffic persons have perceived his signs
if he does not follow the traffic on the traversing traces, which are
basically privileged due to the light signal of the traffic light system
Can be seen. In the case of a collision, then, he will be at fault of 1/3.KG Berlin, Ref. 12 U 50/04If
the leader of a police vehicle alone with Blaulicht - without an
assault horn - enters a crossing blocked by red light, this does not
cause any injuries and the traffic participants from the traffic light,
which is released by a green traffic light, are not legally held, § 38 (1) sentence 2 of the German Road Traffic Ordinance.OLG Celle, 14 U 138/04Even with Blaulicht and Martinshorn activated, emergency vehicles such
as police, fire brigades or rescue vehicles do not enjoy unlimited
travel.The
driver of an emergency vehicle can not rely on the fact that every
traffic person has perceived the Blaulicht and Martinshorn when crossing
a traffic light crossing at Red. If an accident occurs, the emergency vehicle carries a complicity,LG Osnabrück, 5 O 2941/04The
Court of First Instance ruled that, even when driving with Martinshorn
and Blaulicht, the person with an entitlement to privilege always
retains his right of pre-emption. The right of ancestor is not abolished by the special right of rescue vehicles, but only limited.KG Berlin, 12 U 15/04Police and fire brigade must also have switched on the Martinshorn in addition to Blaulicht, in order to have free travel. The Blaulicht alone is not enough to have a free ride over a red traffic light. The special vehicle must also have switched on the Martinshorn.LG Zwickau, Az. 1 O 147/05If
an accident occurs in such a way that a rescue vehicle collides with a
vehicle traveling at a traffic light above the traffic light when a
special signal is switched on, the two parties are liable to half of
them. This is particularly true if the car ignores the audible signals and
the rescue vehicle enters the intersection at about 18 km / h instead of
at a step speed.KG Berlin, Ref. 12 U 145/05In the case of a blue-light journey, special attention must be paid to the rest of the traffic. In order to avoid accident hazards, the siren must also be switched
on, especially when a high speed is entered into a crossing area.OLG Jena, Ref. 4 U 259/05The driver of the emergency vehicle must always be convinced that the other driver has perceived him and has left him behind.KG Berlin, Ref. 12 U 129/06If
the driver of an emergency vehicle wants to claim a right at an
ampelgeregelten junction, he can do so only by switching on his
Blaulicht together with the Einsatzhorn. In doing so, he has to do this not only in time, but also to have it switched on until it has left the intersection completely.OLG Naumburg, Az: 1 U 76/08:In a specific case, an operational driver with a speed of 55 km / h is in spite of a red light
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