A German court has ruled that a driver who pulled out into traffic with an obstructed view must bear full responsibility for the crash that followed, in a judgment that could resonate far beyond an ordinary parking dispute. For truck drivers, van operators and other road users navigating tight roadside spaces, the ruling is a sharp reminder that poor visibility during a manoeuvre can quickly turn into full legal liability.
The case was decided by Amtsgericht Mitte in Berlin on 9 December 2025 under case number 103 C 5071/25 V. According to the German Lawyers’ Association’s report on the judgment, the court dismissed in full a claim for €4,814.92 in damages after finding that the driver pulling out from a parking space had breached the particularly strict duty of care that applies when entering flowing traffic.
Court: blocked view is no excuse
The crash occurred when the claimant’s daughter drove out of a parking space into moving traffic while her view was blocked by a parked transporter. At the same time, another vehicle was travelling in the priority traffic flow and overtook that transporter. The two vehicles then collided. The claimant argued that his car had already stopped when the other vehicle moved back in after overtaking and also claimed there had been an unclear traffic situation. The court rejected that argument.
The judge held that anyone pulling out from a parking space or from private property into the carriageway must exclude any danger to other road users and must exercise “äußerste Sorgfalt” — the highest level of care. In the court’s view, a driver whose vision is obstructed by a large vehicle cannot simply edge into traffic blindly. If necessary, the driver must even use a marshaller or guide to complete the manoeuvre safely.
That point makes the ruling particularly severe. The blocked sight line did not reduce the driver’s responsibility. It increased it. The court found that the driver in the flowing traffic was not contributorily negligent because he had priority and did not have to expect that a vehicle would suddenly emerge from behind the transporter. As a result, the normal operating risk of his vehicle was considered fully outweighed by the other side’s fault.
