The bicycle is one of the most beloved modes of transport in Germany. But precisely because cycling is so popular, the German government has had to take urgent measures and allocate funding to build additional bike paths. According to research from the Federal Institute for Research on Building, Urban Affairs and Spatial Development, the number of cyclists in the country keeps growing — around 11 million people in Germany cycle every day. Without legislative regulation, the country would long ago have faced a "bicycle collapse."
Under German law, cyclists are full participants in road traffic and are subject to the general traffic rules. All German federal states follow a single set of traffic regulations — the Straßenverkehrsordnung (StVO) — which sets out cyclists' rights and obligations. The one area where cyclists can largely disregard the StVO is parking, since they may park almost anywhere — against a tree or a pole — so long as the parked bicycle doesn't obstruct other road users or pedestrians.
Nevertheless, despite the detailed statutory regulation of traffic rules, many cyclists disregard them, which often leads to accidents and administrative offenses carrying legal liability. Violating traffic rules or failing to keep a bicycle in proper technical condition can result in fines, penalty points on a driver's record, and even loss of a driving license. It can also lead to direct financial losses, such as compensation payments to injured parties.
When Elizaveta (name changed) came to our law firm for help, she already had in hand a police summons for questioning over negligently causing bodily harm to another person. Under §229 of the German Criminal Code (Strafgesetzbuch – StGB), the penalty for this offense is a fine or imprisonment for up to three years.
According to our client, she was cycling home from work late one evening along her usual dedicated bike path. At one point, roughly a hundred meters before an intersection, she caught up with a man riding ahead of her. The middle-aged man was riding unhurriedly and whistling some elaborate tune, clearly in no rush and content to keep riding slowly the whole way. His pace, however, didn't suit Elizaveta — she was in a hurry to get home to her children and wanted to get there as fast as possible. Without much hesitation, she decided to overtake him. As is proper when overtaking another cyclist, she rang her bicycle bell to warn him. He didn't react to the bell at all and kept riding the same way. Our client began overtaking him and, a few seconds later, suddenly felt her back wheel touch something; the next moment, both cyclists lost their balance and fell in the collision. Both suffered injuries — bruises, scratches, and abrasions. As luck would have it, a police car happened to be driving past; seeing the two cyclists lying on the ground, the officers immediately pulled over and documented the accident. Elizaveta was confident that, since both parties had been hurt in the collision, there shouldn't be any problems. But when she received a police summons accusing her of negligently causing bodily harm to another cyclist, she realized the matter was serious.
Our first step was to request the case file — it was the only way to get a complete picture of what had actually happened.
The case file told largely the same story our client had described, with one key difference: the other cyclist claimed there had been no warning before being overtaken and that he hadn't heard any bicycle bell — and that our client had caused both of them to fall by clipping his wheel with hers.
Another complication was that the bike path they had been riding on was fairly narrow, leaving little room to overtake. Under the rules, a cyclist overtaking another must maintain a certain distance from them, though the law doesn't specify an exact distance — only that the distance must be "sufficient." What counts as sufficient depends on the cyclist's speed and their ability to control the bicycle. Every road user — whether cycling, driving a car, or riding a motorcycle — must assess the other person's ability to control their vehicle before overtaking.
Our attorney sent an official letter to the police requesting that the case be closed before trial, describing the full picture of the incident in detail. The attorney pointed to the following circumstances in our client's defense. First, this particular bike lane permits two or more cyclists to ride side by side at moderate speed. Second, our client, following the traffic rules as required, overtook on the left. Third, she had warned the cyclist ahead of her in advance by ringing her bicycle bell. Fourth, a sufficient distance was maintained while overtaking — our client immediately assessed the situation and judged the distance to be more than adequate, especially since the man appeared to be riding confidently. And fifth, the actual cause of the collision remains unknown — it's entirely possible the other cyclist, just as our client began overtaking him, sped up and, losing control, clipped the back wheel of her bicycle.
There were no witnesses who could clarify these points or shed light on the situation, meaning it is impossible to determine whose fault actually caused the accident — it could have been either cyclist's doing.
The circumstances set out by the attorney clearly gave the police pause for thought, and the case was ultimately closed under §170(2) of the German Code of Criminal Procedure (Strafprozessordnung – StPO) for lack of a criminal offense.
Elizaveta was overjoyed at this successful outcome — especially since she was, at the time, learning to drive and preparing for her driving test. She had been very afraid that this incident, which would have counted as both a criminal offense and an administrative violation, might affect her ability to get a driver's license. After all, a record at the Federal Motor Transport Authority can be opened for any road user, regardless of whether they hold a driving license. Particularly serious traffic violations can even result in a license being denied outright. We immediately reassured our client, however, that this was highly unlikely in her case — she now had nothing left to worry about.
In closing, we'd like to say: stay alert on the road, whatever mode of transport you choose, and always follow traffic rules. And if you do find yourself unable to avoid an accident, we recommend seeking legal help.
Traffic accident cases are one of the key focus areas of our law firm's practice. With extensive experience in this field, we are glad to help you navigate all kinds of situations and minimize the legal consequences of an offense you may have committed.
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