Federal Court rules Car driver brakes because motorcycle is following too closely - convicted
A car driver from Lucerne was convicted by the Federal Court for dangerous braking maneuvers that he undertook to warn a motorcyclist who was following too closely.
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- On Monday, a car driver from Lucerne was sentenced by the Federal Court.
- The driver received a conditional fine.
- The court found that the driver was not allowed to regulate the behavior of others and that abrupt braking was only permitted in emergencies.
A driver from Lucerne has been sentenced to a conditional fine for two sharp braking maneuvers. This was decided by the Federal Supreme Court. The man wanted to make a motorcyclist understand that he was following too closely.
In a ruling published on Monday, the Federal Supreme Court stated that the motorist could not claim to regulate the behavior of another road user at will.
The incident occurred in September 2020 on a minor road in the canton of Lucerne. The car driver slammed on the brakes twice because a motorcyclist was riding too close behind him for his liking. The second time, the motorcyclist was unable to avoid a collision.
Confirmation by witnesses
The car driver was sentenced to a conditional fine of 22 daily rates of 70 francs and a fine of 500 francs for violating the Road Traffic Act.
For the federal judges, the facts of the case were sufficiently substantiated by the testimony of a third party who confirmed the motorcyclist's statements. The complainant's version that he was unfamiliar with his vehicle and had braked hard to turn into a petrol station does not hold water for Switzerland's highest court.
It recalled that, according to the Road Traffic Act, a driver must pay attention to the road users behind him if possible when he wants to stop. Abrupt braking and stopping are only permitted in an emergency.
SDA
