Principle of trust
The principle of trust is a legal principle in road traffic . In the case of different concrete forms, it means that one can basically rely on the correct behavior of the other road users . While it is standardized in the road traffic regulations in Austria, for example, it is a construction of case law in Germany.
Germany
Road traffic
In the Federal Republic of Germany, the principle of trust in public road traffic is in contrast to Section 1 (1) of the Road Traffic Regulations (StVO):
"(1) Participation in road traffic requires constant caution and mutual consideration."
This rule finds its limits in the principle of trust. Because a command to take into account every possible illegal behavior by others would paralyze traffic. For this reason, the case law has created the principle of trust: Only those errors are to be expected that experience has shown or can occur in the present situation.
The basis for orderly and safe participation in road traffic is that the other road user also acts according to this principle. It is this assumed mutual trust that makes the flow and ease of traffic possible. If it wasn't a matter of course to drive on green and stand on red, you would have to decide anew in every driving situation what could happen and from which side the danger would come.
The principle of trust does not apply if the other person makes a recognizable mistake, if experience has shown that mistakes are to be expected, as well as towards children, the disabled, the elderly and other people in need of protection.
Common use
Furthermore, the principle of trust only applies in the context of common use. Any kind of special use, even if it is permitted, requires special precautions, d. H. the principle of trust in others does not apply here. Example: A construction company that digs a trench in the street, even if the traffic authority has allowed the construction site, has to provide signs and barriers so that pedestrians cannot fall into the trench. The construction company cannot trust that the trench is difficult to miss.
Austria
“(1) Participation in road traffic requires constant caution and mutual consideration; Regardless of this, every road user can trust that other people are complying with the legal provisions governing the use of the road, unless they have to assume that they are children, people with visual impairments with white canes or yellow armbands, people with obvious physical disabilities or people , from their obvious behavior it must be concluded that they are unable to see the dangers of road traffic or to behave in accordance with this insight.
(2) The driver of a vehicle must behave towards persons to whom the principle of trust according to Paragraph 1 does not apply, in particular by reducing the driving speed and by being ready to brake, in such a way that there is no danger to these persons. "
The second paragraph was added on October 1, 1994, and the general exception for people with hearing impairments was removed on July 1, 2005. The objective “Participation in road traffic requires constant caution and mutual consideration” came into force on May 31, 2011.
Switzerland
Switzerland does not have an actual principle of trust like in Germany. However, Article 26 of the Road Traffic Act (SVG) formulates the so-called basic rule and reads:
“(1) Everyone must behave in traffic in such a way that they neither hinder nor endanger others in the proper use of the road.
(2) Particular caution is required towards children, the infirm and old people, as well as if there are indications that a road user will not behave properly. "
