Not competitions not only in Cycling, also in athletic training rides, a disclaimer applies. But not always - it depends on the concrete Situation
Frankfurt/Main (dpa/tmn) - Who joins as a cyclist with others, for Competition or a sporting training ride together, taking the typical risk on the own cap.
Specifically, this means: it Comes about in the throng in the wind shadow of at to little distance from the accident, is usually a disclaimer. However, if the accident falls within an already quiet and the passengers chain-width apart, has moved, no longer have to be the case.
That shows a judgment of the Oberlandesgericht Frankfurt / Main (Az.: 1 U 31/19), the working group traffic law of the German bar Association (DAV) reported.
accident when Overtaking
The fall: A road cyclist, started with 15 other cyclists to a training tour. In a gap he rolled beside a passenger. A third wanted to overtake the Duo, had to Dodge to a dirt side strip and grazed a cyclist. That triggered a chain reaction crash. The plaintiff crashed into a tree and injured himself greatly. Therefore, he requested compensation for damages.
had before the court success. Because the driver responsible for the accident had to be met a little distance, and so does not have the necessary care is applied. The available space was not enough for a safe Overtake. The exclusion of liability in sporting competitions with a not inconsiderable risk potential came to fruition.
A quiet Phase was applied
This disclaimer of liability ushered in the principle also in the case of a training ride in the Pulk. However, in this case, such a Situation would have been: The group had already pulled wide apart, as in this quiet training phase the accident happened. Especially as the training had been a goal to climb the mountain quickly, and then relaxed down to roll.
Association of traffic lawDate Of Update: 19 June 2020, 16:34