In car parks without extra right of way regulations, there is usually no “right before left“- this has now been clarified by the highest court for the first time. It would be more beneficial for safety if the drivers mutual respect take and each inform about the right of way would have to, he decided Federal Court of Justice (BGH). The courts of lower instances had so far on the question different views represent. The verdict from November was published in Karlsruhe on Wednesday.
According to the BGH, however, this applies to parking lots only in exceptions “right before left” – namely when the lanes “clear street character” have. That only comes into consideration for lanes that are recognizable “primarily the arrival and departure and thus serve the flowing traffic”. Typically, however, the areas are mainly used for maneuvering and for loading and unloading there, there were also people on foot – which, according to the verdict, “one brisk driving style opposes”. Strictness right of way rules are not required here.
“Right before left” does not apply to parking lots – but there are exceptions
The top civil judges themselves assume that many think anyway that even in parking lots the “ground in Rule“”Right before left” applies. It must always “be expected that the driver coming from the right – wrong – for right of way stops,” they write. But that’s no reason to stop those coming from the right “to privilege“.
In that case off Luebeck had two motorists on one Hardware store parking lot an accident because they are because of a parked articulated lorry didn’t see in time. The plaintiff came from the right and said that he was therefore not liable for the damage. The two drivers from the hardware store parking lot now have to take care of the damage 30 and 70 percent share. Both were in the confusing spot too fast on the way, but one faster than the other. So he has to pay more. (Ref. VI ZR 344/21)
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