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OLG Brandenburg Assigns 60/40 Fault Over Misleading Turn Signal in Collision

The court found the driver’s indicator with braking created a ‘Rechtsschein’ that others could reasonably rely on.

Overview

  • In the case, a motorist signaled left and slowed almost to a stop, then swerved right and struck a vehicle that was passing.
  • The appellate panel held that the signaling conduct established a reliance-inducing appearance of a left turn under the Rechtsschein doctrine.
  • Judges placed 60% liability on the signaling driver for failing to ensure no one would be endangered before changing direction.
  • The overtaking driver was assigned 40% fault for not maintaining the required safety distance while passing.
  • Reports highlighted that improper or misleading use of turn signals can trigger significant civil liability and financial exposure for drivers.