Status: 05/02/2022 4:53 p.m
Who has the right of way when and how is actually clearly regulated. But what if the lane narrows on both sides? The BGH has now decided: In such cases, no one automatically has the right of way, everyone must show consideration.
Where two lanes of the road merge into one, drivers should not insist on right of way. This was decided by the Federal Court of Justice (BGH). “There is no regular priority of one of the two previous lanes,” said the judges in Karlsruhe.
The case to be negotiated was about an accident that occurred in Hamburg in 2018: A car collided with a truck just before the lane narrowed from two lanes to one. According to the BGH, there is no special rule in such a situation. “Right before left” does not apply, nor does the zipper procedure, but the general principle in road traffic that road users must be considerate of each other.
In the specific case, the car and truck were on the same road. After a traffic light, the road became one-lane, and the spot on the road was marked with a sign for “both-sided narrowing of the road”. The truck driver pulled to the right because he didn’t see the car. The driver, in turn, assumed that she had the right of way. Both vehicles were damaged. The case went to court because the owner of the car did not want to share the damage.
BGH: Who has the right of way?
Gigi Deppe, SWR, 2.5.2022 3:39 p.m
Type of lane narrowing is decisive
However, it is important to note what kind of lane narrowing it is: In this specific case, the lane narrowed from two lanes to one. There is a special sign for this, where both lanes flow into one. If a lane ends completely, those who were traveling in it have to move into the other lane using the zip-and-loop method.
However, if both narrow into one, this does not apply. Then the drivers have to agree on an individual solution and be particularly careful: If in doubt, they have to give the other the right of way, according to the BGH.
File number: VI ZR 47/21
With material by Gigi Deppe, ARD legal department