Citation

Engelmann K. Blutalkohol 1979; 16(3): 199-216.

Copyright

(Copyright © 1979, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

The author discusses alcohol induced occupational and road accidents in terms of the provisions of statutory accident insurance and based on 25 years' experience in the Federal Social Court. The effects of alcohol indulgence on insurance protection are relevant when a causality exists between the insured activity and the accident. The relevant parts of the social insurance legislation determine the existence of a causal connection. For insurance protection of occupational accidents other than road accidents, two stages of alcohol effects are differentiated: total intoxication and decrease in performance. Accidents during the former are not covered by insurance; in the case of the latter, i.e. where the person is still capable of serious work performance, only those persons are not covered in whom alcohol is legally the only important cause of the accident. In road accidents associated with the driving of a vehicle a distinction is made between the absolute and relative inability to drive. In both instances insurance protection becomes relevant if alcohol is legally the only important cause of the accident. A BAC of 1,3(per mille) is accepted to cause an absolute inability to drive. This BAC must be primarily considered as the cause of the accident and legally as the only important cause. The relative inability to drive is not based on a BAC but on the behavior of the person before and after the accident. The Federal Social Court does not favour, with regard to the absolute inability to drive, a fixed maximum BAC for bicycle and motorised bicycle riders or pedestrians. For motorcyclists the level begins at 1,3(per mille). Discrepancies in judgement occur on the question of objective burden of proof. The insured in accordance with a decision of the Federal Social Court must prove that the alcohol induced inability to drive was legally not the only important cause of the accident. In terms of another decision of the Court, the insurer must prove, in the case of an accident of the insured, the presence and the causality of alcohol induced inability to drive.