Accident with children in the car: Who is really liable?

Accident with children in the car: Who is really liable?

Dornbirn, Österreich - On March 3, 2025, there was a serious traffic accident in Vorarlberg, in which a car with a 24-year-old driver and her three children, aged 1, 8 and 10, crashed into a stone wall. The exact cause of the sudden spinning of the vehicle remains unclear for the time being. After the accident, all occupants, including the injured one -year -old child, were admitted to the Dornbirn hospital for further examination. The driver's alkomatt test was negative, but the vehicle was significantly damaged and had to be towed. The accident site was closed for over an hour, while the investigation into the cause of the accident was carried out, such as 5min.at reported .

Legal consequences for children in traffic accidents

The incident also raises legal questions, especially with regard to the liability of children. An essential regulation in the Road Traffic Regulations (StVO) states that drivers must be particularly careful with children and people in need, which is specified in Section 3 (2). This standard requires increased duty of care, since children are often difficult to estimate. Legal consequences for children aged 7 and over can also occur if they are involved in an accident. For example, children who act negligently or make their own mistakes must arise under certain circumstances for damage, as is explained in the article by Specialist. .

An example of such legal disputes can be found in a judgment in which an 8-year-old cyclist had to pay compensation after she had injured a pedestrian. It becomes clear that even young road users can be liable for the ability to insight. The regulations on the prerequisites for liability in the event of accidents are particularly extensive and depend heavily on the age and the child's visibility.