Drunk Train Driver Fully Liable for Pedestrian Injury in Austria

An Austrian court has affirmed that a train driver's intoxication makes him fully responsible for a pedestrian's injury, even when the pedestrian may have contributed to the situation. The ruling by the Supreme Court (OGH) in a case involving a blood alcohol content of 1.68 permille, emphasizes the severe consequences of operating heavy machinery while under the influence.

The incident occurred when a pedestrian approached the train driver for a conversation. As the pedestrian began to walk away, the driver, who was significantly intoxicated, proceeded to drive, running over the pedestrian's foot.

The insurance association, responsible for covering the damages, argued that the pedestrian shared some blame for the accident. However, both the Regional Court of Appeal of Innsbruck and the Supreme Court rejected this argument.

The higher courts determined that while the pedestrian could be faulted for not leaving the danger zone sooner, this negligence was minor compared to the driver's severe intoxication and lapse in attention. The court concluded that the driver's actions were the primary cause of the accident, and the pedestrian's potential fault was negligible in comparison, thus awarding the victim full compensation for their injuries.

“

This behavior would in any case recede so far into the background compared to the driver's intoxication and his serious lapse in attention that it could be completely disregarded in the weighing of fault.