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Dresden court reviews liability in sidewalk accident
The Higher Regional Court of Dresden is reviewing a liability dispute following a traffic accident in which a child was struck by a car after being forced off a sidewalk. The incident occurred when a truck driver blocked the pedestrian path to unload goods, using support stabilizers that prevented the child from continuing on the sidewalk.
As a result, the child had to move onto the road, where they collided with a female driver. The parents of the child sought approximately 92,500 euros in damages and compensation.
A legal dispute has emerged regarding the distribution of fault. The truck driver's insurance argued that liability ended once the vehicle was parked and stabilized for unloading. Conversely, the driver's insurance contended that the truck driver's actions were the primary cause of the child's need to enter the roadway. While a lower court initially assigned two-thirds of the liability to the driver of the car, the case is now under appeal.