If you want to pull out of a parking space on a busy street, you should proceed with particular care. If there is a crash, there is a risk of sole guilt.
If a car collides with a vehicle in flowing traffic while driving backwards from the parking lot, this initially speaks for the sole fault of the person leaving the parking space. However, if this can prove to have been standing on the privileged street for a long time, this could shake this so-called prima facie evidence. In practice, however, it will be difficult, as a ruling by the Saarbrücken Higher Regional Court now shows. (AZ: 4 U 6/20)
As the portal RA Online reports, there was an accident between a Toyota Aygo and a Ford Fiesta. The driver of the Aygo drove out of a parking space on the sidewalk onto the lane and collided with the Ford moving on the lane Liability insurance for the Ford driver. In the second instance, the Higher Regional Court of Saarbrücken confirmed the judgment previously passed by the regional court that the Toyota driver was solely responsible, since the plaintiff had not succeeded in shaking the prima facie evidence in the judges' opinion. According to the reasoning for the judgment, anyone who reverses the parking space must always rule out any risk to the flowing traffic.