Parking lot accident: The driver who speeds is liable for half the damages.

A driver speeding in a parking lot collided with a car pulling out of a parking space. Both drivers were held 50 percent liable for the accident, the Schleswig Higher Regional Court ruled, because different liability standards apply in parking lots than in moving traffic.

Drivers must Drive backwards behave so considerately that endangering other road users is ruled out, he says. Section 9 Paragraph 5 of the Road Traffic Regulations (StVO)).

On Parking lots However, this regulation applies not immediately. The Schleswig Higher Regional Court has now clarified that a driver who was speeding in a parking lot and collided with a car pulling out of a parking space, half the fault The person pulling out of the parking space is not solely responsible for the accident.

The case

A driver was driving too fast out of the driving lane of a parking lot. When another vehicle was in front of him reversing out of the parking spaceThe two cars collided. The first car owner sued, arguing that the out of parking space Driver alone who bears responsibility for the accident. He cited the following. Section 9 paragraph 5 StVO.

The regional court had initially ruled on the accident damages: The drivers Each is liable for half, it noted, among other things because of the excessive speed of the passing car. The first driver appealed against this decision.

Die Entscheidung

The Higher Regional Court (OLG) Schleswig decided the same way, On Parking lots "without a clear street character" Section 9 paragraph 5 StVO not directly applicable. According to the established case law of the Federal Court of Justice, such areas are not considered classic road traffic areas, but rather mixed traffic areas where a increased mutual consideration is required. 

The Risk distribution When parking, the general rules apply in such cases instead. Duty of consideration des § 1 StVO - For beide Pages. "According to the assessment" of Section 9 Paragraph 5 of the German Road Traffic Regulations (StVO), the driver pulling out of the parking space should indeed have behaved in such a way that he could have stopped his vehicle immediately if necessary. The flow of traffic on Öffentlichen While one can assume that reversing vehicles will not disrupt the flow of traffic, Parking lots However, a different rule applies here; one must expect vehicles maneuvering at any time.

Both violated their duty of care.

This also applies to the driver who filed the complaint while passing through. Even through traffic in parking lots has an increased risk. Duty of care. Therefore, in driving lanes always ready to brake to drive. The complaining driver did not show this consideration. Anyone who drives too fast in parking lots or is not prepared to brake, violationAccording to the Higher Regional Court, this obligation is violated. 

Since here beide If drivers had not behaved correctly, it considered a liability of 50 percent to be appropriate. 

Schleswig Higher Regional Court, decision of November 28, 2025, Ref. 7 U 87/25

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