Citation

Kassabova B. Blutalkohol 2004; 41(4): 339-345.

Affiliation

Rechtsanwaltin und Mediatorin, 12167 Berlin, Germany.

Copyright

(Copyright © 2004, 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 article deals with an appeal judgement from the social legislative accident insurance law with regard to alcohol related driving inability in case of a road accident and its consequences on accident insurance cover. The deciding question was whether a road accident during a business trip could be recognised as an accident at the place of work, if the driver causes a road accident while under the influence of alcohol. The court of appeal answered this question in favour of the prosecuting party, which meant that legal accident insurance cover was not lost. According to the court's conviction the defendant who had the burden of proof could not provide full proof as to whether the influence of alcohol or indeed the sudden wild animals supposedly crossing the road were in fact legally the main cause of the accident.