"Buy a bicycle. You will not regret it, if you live."
Mark Twain
Germany is a highly developed country known for the quality of its products. German cars — Mercedes, Volkswagen, Opel, Audi — are known worldwide and hugely popular, not only across Europe but also on the American market. But the list of good products made in Germany isn't limited to cars. Germans care about their health: they exercise and go on long outings, not always on foot. That's why bicycles are also in high demand and hugely popular in Germany. A bicycle in Germany is just as much a means of transport as a car. The number of cyclists grows every year. Even young mothers, without a second thought, strap their toddlers into small bike trailers and head off to run errands. It's no surprise that Germans learn to love cycling from a young age.
Why do Germans often prefer the bicycle?
- it's economical — a bicycle needs no fuel;
- it's practical — cycling is good cardio exercise;
- it's good for the environment.
On weekends, many Germans go on family bike rides spanning three or even four generations. Older people quite often use tricycles, while toddlers rarely do — they mostly ride two-wheeled balance bikes without pedals, pushing off the ground with their feet, which is thought to help a child learn balance faster. There really are a great many cyclists on Germany's roads. They often form riding groups, and such matching-outfit cyclists can move quite fast and create some friction with drivers, since — despite the many dedicated cycle paths — they often prefer to ride directly on the road. To their credit, most cyclists follow the rules, and antagonism between cyclists and drivers is uncommon. A cyclist in Germany is a full participant in road traffic, with both rights and obligations. All German federal states apply the same road traffic code — the Straßenverkehrsordnung (StVO) — which sets out cyclists' rights and obligations. The one rule cyclists can largely ignore is parking, since they can leave their bike almost anywhere — a tree, a post — as long as the parked bicycle doesn't obstruct other road users or pedestrians.
At first glance, being a cyclist in Germany might seem easy: there are bike lanes and bike parking everywhere, and other road users are respectful. All true — but it's worth noting that a cyclist here has not only rights but also obligations, and failing to observe them can bring severe fines from the police and, in some cases, administrative or even criminal liability. In this article we share one interesting case from our varied legal practice, in which we were able to help someone involved in an accident with a cyclist avoid criminal liability.
The Client's Story: A Pharmacy, Pain-Relief Gel, and an Open Door
When Viktor (name changed) came to our firm for help, his situation was no laughing matter. He was accused of negligently causing bodily harm to another person. Under Section 229 of the German Criminal Code (Strafgesetzbuch, StGB), the penalty for this is a fine or imprisonment of up to three years. This situation obviously called for immediate help from a professional attorney — but let's take it from the beginning.
On an ordinary weekday evening, a man was driving home from work. Passing a pharmacy, he remembered that his wife had asked him to buy pain-relief gel for their toddler, who was teething at the time. Realizing there would be no more pharmacies along his route, he decided to stop and quickly run in for the gel. Parking was tricky — there was a small space, but his car didn't quite fit properly. Viktor parked as best he could, trying not to block anyone, and opened his door to get out onto the road. What happened next, he only remembers as if through a fog. As he opened the car door, he struck a cyclist, who was thrown from the bike and fell onto the road.
Though in shock, Viktor kept his composure and quickly called an ambulance and the police. The situation was made worse by the fact that the injured party was an elderly man over 70. He was immediately taken to the nearest hospital, where doctors diagnosed several bruises and two broken ribs. The case was referred to the public prosecutor's office. Our client thus faced a charge carrying a maximum penalty of three years' imprisonment for an offense that had, in fact, resulted from carelessness and an unfortunate set of circumstances.
The Attorney's Work: An Application to the Prosecutor's Office and Referral to Court
Our firm's criminal defense attorney, who took on the case, immediately requested the case file from the police. It contained photographs of the scene along with an account of events reconstructed from witness statements. Although the case was not straightforward and required skilled professional defense, the attorney used every legal avenue available to advocate for the client. An application was submitted to the public prosecutor's office requesting that the case be discontinued for lack of an offense. Viktor had indeed not parked entirely correctly, thereby violating traffic rules, and had not taken every precaution when opening his door onto the road. But charging him with an intentional unlawful act, punishable under the German Criminal Code, was, both as a matter of law and common sense, excessive.
Unfortunately, the prosecutor's office did not accept the arguments in the application, and the case was referred to court. In Germany, before a trial, the parties' representatives may call the judge to discuss the nuances and prospects of the upcoming proceedings. The judge spoke with our firm's attorney handling the case in a fairly friendly manner and noted that the outcome would depend entirely on how the parties presented their case at the hearing and the arguments they could put forward in support of their position.
Preparing for Trial and the Decisive Details
The attorney began serious preparation for trial. He spoke with his client extensively, helping him recall details of the incident that could be interpreted in his favor. It was essential to draw the judge's attention to the fact that Viktor had parked his car nearly correctly and had opened the door carefully — had it not been for this unfortunate coincidence, the incident would never have happened. According to the police records, our client had no history of traffic violations or other offenses before this incident.
All of these arguments were presented in detail at the hearing. The injured cyclist claimed he had flown over the handlebars from the force of the door striking him. However, the nature of his injuries did not support this account, and no witnesses corroborated his version of events.
Outcome: Case Closed for Triviality
The attorney representing our client asked the court to discontinue the criminal case for triviality under Section 153 of the German Code of Criminal Procedure (Strafprozessordnung, StPO). To our client's great relief, the judge agreed with our arguments and ordered the case discontinued. The injured party's treatment was fully covered by insurance and, fortunately, he was already recovering within a few days. As a result, no record of the incident was entered into any database, other than the police's record of the accident itself.
Conclusion
In closing, we'd like to say: be careful on the road, whatever means of transport you use, and always follow the traffic rules. On the road, you expose yourself and other road users to heightened risk, and the smallest lapse can have serious consequences. If an accident does happen — whether you are at fault or the injured party — we recommend seeking help from an attorney experienced in such matters without delay. As we've noted before, matters involving administrative offenses, including traffic accidents, are one of our firm's core practice areas. With extensive experience in this field, we're glad to help you find the best possible outcome, even in the most complex and ambiguous cases.
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