Accidents with children are not rare. Most of the small road users are only pedestrians and in the worst case victims of an accident. But as soon as they are traveling with a scooter, children can also cause damage. But who is liable now? According to the Civil Code (BGB, 828) children are liable for road traffic only from the age of ten.
But what about their parents? If the three-eyed person leads the scooter unattended and touches the neighbor's parking car, his parents may have to pay for the damage – and this always when they have violated their duty to supervise.
The responsibility to make children and young people no traffic hooligans, is clearly with the parents. They should set a good example and set clear limits, especially in the presence of their children. Traffic experts of the insurance company ARAG point out, however, that parents are only liable for their children in road traffic if they can be accused of a personal duty to violate their supervisory duties. The amount of supervision required depends on the age, nature and character of the child, the predictability of the harmful behavior and what can be expected of the parents in their respective circumstances.
For example, stricter supervision is required for younger children because the dangers are not yet clear to them and their behavior is often unpredictable. And the individual case counts: The question of when a duty to violate the duty of supervision can not be answered on a flat-rate basis.
How difficult the rating is, shows a recent case in which a six-and-a-half years drove with a Kettcar from the petrol station on the street and thereby collided with a car. The driver had seen the boy while driving up to the gas station, but did not notice him at the exit. The boy was uninjured, but the driver's car had suffered considerable damage. She asked for damages because, in her opinion, the parents had violated their duty to supervise.
But the court decided on a halve damage distribution. The driver had to be particularly alert as she had already seen the boy on his pedal car before. The parents, on the other hand, in fact violated their duty to supervise by driving their son unattended with a Kettcar in the public traffic area. The argument of the parents also did not help that their child had been informed several times about the correct behavior in the street traffic or run alone to the school bus (district court Zeitz, Az .: 4 C 22/18).
According to road traffic regulations (StVO), children under the age of eight can not ride their bicycles on the street, but have to use the right or left sidewalk. For safety reasons, they may be accompanied by one parent – the emphasis is on 'one' – on the sidewalk. If there is a lane that is separate from the carriageway, you may also use it. Only if a sidewalk is missing, may be driven on the road.
Children between the ages of eight and ten may choose to use the lane or walkway. Children over the age of ten are no longer allowed to ride their bicycles on the sidewalks, they must use the carriageway or a bike path like adults.
The article "Children also build accidents" was on April 30, 2019 in the category Law by Lars Wallerang with the keywords Children, traffic, law, counselor, law, released.