If you give way to another road user and cause an accident as a result, you are usually at least mainly at fault - but you are not always solely responsible. Depending on the situation, traffic signs or driving style of the other party (e.g. excessive speed), the person authorised to give way may also be partially at fault or jointly liable.
In this article, you will find out what the consequences of infringing the right of way can be, what penalties there are - and how the question of fault is actually clarified in the event of an accident.
- Right before left" does not always apply. Special traffic signs, traffic lights or police regulations lead to an exception to this basic rule.
- With regard to the penalty, a distinction must be made as to whether the failure to give way led to an accident or not. If there was an accident, a distinction must be made between penalties for property damage and personal injury.
- Special fines apply at the stop sign.
- It cannot be said across the board that the person who ignored the right of way is always solely to blame for the accident.
Does "right before left" always apply?
Everyone knows it: The "right before left" rule. It states that priority must be given to the driver approaching a junction or intersection from the right. However, the decisive factor here is that one road has equal rights to the other.
NoteYou are obliged to show special consideration in road traffic. Therefore, as the person authorised to give way, always make sure that the other person is really obeying the rules.
However, the general rule does not always apply. Special traffic signs - such as the stop sign - may indicate an exception to this rule. The rule also does not apply to field and forest tracks or private exits. The same applies to traffic lights and instructions from police officers.
Which regulation takes precedence?
The "right before left" rule is applied by the Traffic signs This, in turn, takes precedence over traffic light instructions and the police officer has the last word. The "right before left" rule does not even apply on country and forest roads or private driveways.
Some vehicles, such as those of the police or fire brigade, generally have right of way when they are on duty. Other road users must give way to them.
What penalty do I face if I ignore the right of way and cause an accident?
It is not possible to give a generalised answer as to what penalty you may face. It depends on what offence you have been charged with and what the actual consequences of your mistake were. From a small fine to points in Flensburg, to a fine or prison sentence, and ultimately even the withdrawal of your driving licence, anything is possible. To help you better understand your situation, we have listed a few examples here.
- If you disregard the right of way, but as a result cause no accidentyou often come up with a Warning fine in the amount of € 25 thereof.
- If you have taken someone's right of way and caused an accident involving Material damageyou have to start with a Fine of 120€ count. You will also receive one point in the driving licence register in Flensburg.
- If you have given way to someone in a "grossly unlawful and reckless manner" or run a red light and caused an accident involving Personal injury is a so-called endangerment. In this case, a charge of endangering road traffic under Section 315c of the German Criminal Code (StGB) is possible. The statutory penalty here is a Fine or prison sentence up to five years. In addition, a withdrawal of the Driving licence possible.
The driver may even commit several offences at once Criminal offences. The accusation of negligent bodily harm (or homicide) in accordance with Section 222 of the German Criminal Code (StGB). You could face a fine or a prison sentence of up to three years. In this scenario, you should consult an expert.
Our tipYou must not simply accept the announced sanctions without checking them! Even the police and public prosecutor's office are only human and mistakes happen. Our traffic law experts will check the accuracy of your Fine notice and ensure that you are not asked to pay unreasonably. Our work always focuses on the question of whether the consequences of the accident are really only your fault or whether the other party involved in the accident is partly to blame, which results in a significant shift in costs in your favour.
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Are there special regulations at the stop sign?
With some traffic signs, disregarding the right of way can other fines result: If you disregard a stop sign, this creates a particular danger to road traffic! This is usually penalised with a fine of €70. In addition, there is a point in Flensburg. If an accident with material damage occurs as a result of disregard, the fine can increase to €360. There is also one more point.
Who is to blame for the accident?
The same question often arises after an accident involving failure to give way: Who is at fault? If a driver ignores the right of way, the driver who was denied the right of way often feels in the right. If you ignore the right of way, you are often to blame for the accident. On closer inspection, however, the question of fault is often not so easy to answer in general terms. In practice, it is comparatively common for the driver who had the right of way to be found partially at fault.
Important:
The question of fault never has to be clarified at the scene of the accident.
Therefore, NEVER sign an admission of guilt.
What if the other driver was travelling too fast?
Did you disregard the right of way, but the other driver was travelling too fast? Then you can raise the defence of excessive speed. However, whether this is merely a protective claim or a fact must be clarified by means of evidence. The burden of proof, i.e. the obligation to prove the excessive speed, lies with the party claiming the excessive speed. Witnesses, for example, who also confirm that the other party in the accident was travelling too fast, are helpful in this respect.
However, even if speeding can be proven, the question of guilt still depends on whether the excessive speed of the other party in the accident also had a causal effect on the accident itself or on the extent of the consequences of the accident. In this context, the question is always whether the accident would have happened in the same way if the permitted speed had been adhered to. The excessive speed must have been at least a contributory cause of the accident in order to achieve a division of liability or even complete assumption of liability. In most cases, however, it is only assumed that the person travelling too fast in the right of way is jointly liable.
This joint liability is then usually in a range between 20% and 80%. For you, this means a considerable shift in payment obligations in your favour.
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What should I do after an accident?
After an accident, you should first secure the accident site. If people are injured, contact the emergency services by dialling 112 and then provide assistance. First aid. After an accident you should also, if possible Accident report fill out a Accident sketch and take photos of the scene of the accident. You can read more detailed rules of behaviour here.
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Frequently asked questions on the topic "Right of way taken"
Am I automatically to blame for an accident if I have taken someone's right of way?
Not necessarily. Although prima facie evidence usually speaks in favour of the driver who failed to give way, sole fault is not guaranteed. If, for example, the other driver was clearly travelling too fast, joint or partial liability may be possible.
What are the penalties for an accident caused by failure to give way?
That depends on the consequences:
- Without accident: usually €25 warning fine.
- With material damage120 € fine + 1 point in Flensburg.
- With personal injury or gross recklessnessCriminal charges according to § 315c StGB, fine or imprisonment for up to 5 years, driving licence withdrawal possible.
Does "right before left" always apply in road traffic?
No. Traffic signs, traffic lights and instructions from the police take precedence. Different rules also apply on country lanes, exits and for emergency vehicles. "Right before left" only applies on roads of equal priority without further regulations.
What if the other party in my accident was driving far too fast?
In this case, the party authorised to give way may be partially at fault. However, the excessive speed must be proven - for example by witnesses or an accident report - and it must have been demonstrably the cause of the accident.
Do I have to sign an admission of guilt at the scene of the accident?
No - and you shouldn't do it either. The question of guilt will be clarified subsequently on the basis of the evidence, statements and, if necessary, expert reports. A hasty admission of guilt can cause you legal damage later on.
