TransporTrends February 2025: Traffic liability for hazardous situations even in adverse weather conditions

In our TransporTrends series in cooperation with Kompetenznetzwerk Logistik.NRW / LOG-IT Club e.V. we regularly report on current topics, decisions & trends in transport and logistics law - this time on traffic liability for hazardous situations even in adverse weather conditions.

Both in road traffic accidents (§ 7 StVG) and in railway traffic (§ 1 HPflG), the principle of so-called strict liability applies. This means that the owner of a vehicle is generally liable for damages caused by the operation of their vehicle - regardless of whether they are at fault or not. This liability arises from the so-called operational risk of the vehicle, meaning the mere use of a vehicle poses a risk to others. Therefore, liability or shared liability is usually determined solely by whether the vehicle was "in operation."

The Higher Regional Court of Schleswig (Case No. 7 U 48/24) recently had to decide on an interesting case in this context. The driver of a delivery van failed to secure his vehicle with the handbrake while it was being transported on the "Sylt Shuttle" car train. Due to strong winds during the train ride, the van moved and caused significant damage to other vehicles on the train. In a ruling dated July 31, 2024, the court emphasized that the term "in the operation of a vehicle" must be interpreted broadly to protect other road users. The impact of wind on vehicles, particularly those with higher structures, constitutes a typical hazard in road traffic and, upon careful consideration, falls within the protective scope of strict liability. The German Federal Court of Justice (BGH) had already ruled in 2020 that a trailer parked in road traffic, which caused damage due to wind influence, was still considered to be in operation. The decision of the Higher Regional Court of Schleswig aligns with this precedent.

Freight companies should therefore be aware that they are strictly liable even if accidents are caused solely by wind movements or other weather phenomena. Exemption from liability is only possible in cases of unforeseeable extreme weather events (force majeure). This applies equally to tractors and trucks as well as to trailers and railway wagons. Even properly securing parked vehicles does not eliminate operational risk. However, liability is typically covered by liability insurance.

THE AUTHOR AS WELL AS YOUR USUAL CONTACT PERSONS ARE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE!

Dr. Jan Hermeling
hermeling@tigges.legal
+49 211 8687 138