In its decision 4A_179/2021 of May 20, 2022, which is intended for publication, the Federal Supreme Court ruled that in the specific case the pedestrian acted with gross negligence by looking at the mobile phone before crossing the platform without looking to the left . The accident happened when the conditions were clear, the pedestrian knew the area and was able to spot approaching trams from a distance without any problems.
According to the Railway Act, owners of a railway company are generally liable for damage if the risks characteristic of railway operations lead to an accident in which a person is injured or killed or property damage occurs. The tram is not liable if the behavior of the injured person is to be regarded as the main cause of the accident and the adequate causal connection is thereby interrupted.
The tram always has the right of way over pedestrians. Therefore, in the event of a collision, the pedestrian is usually at fault. There is gross negligence in road traffic if the injured person disregards elementary rules of care that a reasonable person in the same situation and under the same circumstances would have observed.
Have you suffered a serious accident? Our lawyers at WILD DUBACH AG will be happy to advise you on how to deal with the difficult legal issues associated with an accident.
posted in August 2022 | Dr. Lenka Ziegler