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Why you can be liable in accidents involving faulty blinkers
Legal language can be quite complicated at times. Want an example? A leading vehicle can create an "appearance of a right." How does that work? By blinking and thereby signaling to other road users that a turning maneuver will follow.
But if that does not happen and an accident occurs because third parties have relied on the turning maneuver, it may be that they are liable as well. This is shown by a decision (case no. 12 U 68/25) of the Brandenburg Higher Regional Court (OLG), to which the ADAC refers.
First signaling and braking - and then back again
In the concrete case, it was about a motorist who was driving along a street with his car when he activated his left turn signal. He then orderly moved to the left and braked - almost to a standstill. Then, however, he suddenly steered sharply to the right again and set off. In doing so he collided with another car that had overtaken him with too small a lateral distance.
In the aftermath, the affected parties sought damages from one another. The one who had been signaling left saw it this way: he had intended to turn - but he had not yet changed lanes. The passing driver, for his part, took the position that he was allowed to pass in the given situation. Thus the courts had to settle the matter.
The matter of the "appearance of the right-of-way"
Ultimately, the Brandenburg Higher Regional Court's decision stood. It ruled that the blinking driver, through the turn signal and braking to a stop, had created the aforementioned "appearance of the right-of-way."
That means: The traffic behind could rely on him going to the left. And if he, while sharply turning again toward the right, moves over, he would have been allowed to do so only if he had first ensured that no one would be endangered. So a clear matter? Not quite.
Because the overtaking driver also had to be held responsible. He could initially rely on being able to drive. But in doing so he had fallen short of the required lateral clearance. Thus he had to bear part of the fault.
At the end of the appeal proceedings it was established: The driver signaling left is liable for 60 percent, the overtaker for 40 percent. (Source: dpa)
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