Posts tagged #traffic accident
All PostsOGH: No Witness Examination from the Comfort of Your Own Home
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has addressed witness examinations by video conference and clarified Section 277 of the Austrian Code of Civil Procedure (Zivilprozessordnung, hereinafter ZPO). In the case at hand, a...
OGH: Same Rules for E-Scooters and Bikes?
Civil LawThe answer to the question of who has the right of way and who has to stop at a traffic-light controlled intersection lies in Section 38 of the Austrian Road Traffic Act (Strassenverkehrsordnung, hereinafter StVO). In the case at hand, at a traffic-l...
OGH: Drunkenness not a "daily life hazard"
Civil LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, OGH), heavy drinking in road traffic is not a "daily life hazard" (“Gefahr des täglichen Lebens”) and does not constitute an insured event. In the original case, the son of the liability-...
DE: BGH rejects "day-by-day" calculation of damages for pain
Civil LawThe German Federal Supreme Court (Bundesgerichtshof, BGH) turns its back on the "day-by-day" calculation of damages for pain and suffering. In the case at hand, the plaintiff suffered significant injuries in a traffic accident. As a result, his right...
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