collision
September 23, 2009 | 20,00 EUR | answered by Andreas Scholz
Dear Sir or Madam Lawyer,
I was reversing on a company premises and suddenly there was a forklift driver who wasn't there 5 seconds before. As a result, my rear bumper was damaged. There was no damage to the forklift. According to witness statements from the company's staff, the forklift was stationary. Now I have also received a €80 fine and 2 points for endangerment. I was told that as a reverse driver, I am always at fault and I endangered the forklift driver significantly. For me, the forklift driver was following too closely from behind and disregarded the safe distance. What is the legal situation, please?
Sincerely,
Dear questioner,
In principle, the case law assumes that the driver reversing has a heightened duty of care. This is because reversing vehicles are considered to pose an increased risk.
You have the option to file an objection against the fine and initiate legal proceedings, seeking judicial clarification. This would also involve a decision on the points. However, this depends on whether the objection period has not yet expired. The deadline starts from the delivery of the notice and is two weeks.
The fact that it was not a public traffic area is irrelevant as long as the area where the accident occurred is effectively accessible to the public.
In conclusion, your only option is to bring the matter to a decision through the objection process. Whether fines and points can be imposed on you for reversing and other offenses would then be decided by the court based on the specific circumstances of the case, which can be established through witness statements or accident reports.
I hope this helps you further. If you have any questions, feel free to ask.
Best regards,
Andreas Scholz, Attorney
