Drinking, wandering about and answering for nothing: not in Germany!!!

This article is dated as shown. Laws, fees and prices have changed since then. Check the figures before you rely on them.

Two per mille and dark clothing: drunk pedestrians are a danger on German roads

The article of 14.05.2018 retells a single case. Without the primary source of the court decision, no general rule can be drawn from it that a drunk passenger or pedestrian is punished in the same way as a driver. The consequences depend on the actual circumstances and the applicable rules.

Pedestrians on the road in the dark

A man was walking at night along a country road, where he was hit by a car. There was no pavement or side path next to the carriageway. The injured man was dressed in dark clothing and had more than 2 per mille of alcohol in his blood at the time of the accident. Who is liable for the accident? This is where it gets interesting! The health insurer also tried to blame the driver for careless driving, since in the dark a driver has to be more attentive and has to recognise the danger. In any case, on seeing a hazard on the road, the driver should have braked or swerved.

The danger for pedestrians from 2 per mille of blood alcohol.

In Germany, the Higher Regional Court placed the blame solely on the injured pedestrian. He should not have been walking along a country road in the dark while heavily intoxicated; he should have taken a taxi or asked to be driven home. Besides, he could have stayed off the road altogether. He should have moved off the road, in his own interest, when a car was approaching. In his dark clothing he was barely visible on the unlit road. The court, however, did not find any corresponding fault on the part of the driver. A pedestrian may also face a fine and the withdrawal of his driving licence (if he has one).

Nevertheless, for the driver or his insurance company to be held liable for the accident, the victim or the health insurer must prove that the driver could have avoided the collision, and in this case they failed to do so.

This shows that in Germany pedestrians also have to watch the road. They must do so in their own interest, as they are far less protected than a motorist.

This article in no way suggests that you may race along Germany's country roads without paying any attention.

And do you drink large amounts of alcohol?