GermanyWhat is the basic duty of care in road traffic?
All road users in Germany must exercise constant caution and mutual consideration, and must act so as not to harm, endanger, or unreasonably obstruct others.
What the Law Says
The foundational legal standard for all road users in Germany is set out in the Road Traffic Regulations (StVO). It applies equally to drivers, cyclists, e-scooter riders, pedestrians, and other participants — regardless of vehicle type or age.
Section 1 of the StVO establishes two core duties: first, that participation in road traffic demands 'ständige Vorsicht und gegenseitige Rücksicht' (constant caution and mutual consideration); second, that every road user must behave so that no one else is harmed, endangered, or obstructed or disturbed more than unavoidable under the circumstances.
This duty is objective and continuous — it does not depend on intent or negligence. Even if you follow speed limits or traffic signals, failing to anticipate foreseeable risks (e.g., a child running into the street, wet pavement reducing braking distance) may still breach this duty.
The standard applies to all modes of transport — including electric scooters, as confirmed by case law — and forms the baseline for determining fault in accidents, insurance claims, and civil liability.
Statutory TextDie Teilnahme am Straßenverkehr erfordert ständige Vorsicht und gegenseitige Rücksicht.
— StVO § 1(1) — Road Traffic Regulations
Statutory TextWer am Verkehr teilnimmt hat sich so zu verhalten, dass kein Anderer geschädigt, gefährdet oder mehr, als nach den Umständen unvermeidbar, behindert oder belästigt wird.
— StVO § 1(2) — Road Traffic Regulations
What Courts Have Said
German courts consistently interpret § 1 StVO as imposing an active, anticipatory duty — not just passive compliance with rules. This shapes how liability is assessed across accident types.
E-scooter riders are subject to the same traffic rules as cyclists, and their conduct is judged against the objective standard of § 1 StVO — including constant caution and avoiding unreasonable obstruction. The court affirmed strict liability under § 7 StVG applies to e-scooters as motor vehicles.
What to Do
Always anticipate hazards — e.g., check mirrors before turning, slow near schools or intersections.
Adjust speed and behavior to conditions (rain, fog, darkness, traffic density) — even if within legal limits.
Yield when necessary to avoid endangering or unreasonably obstructing others — even if you have the right of way.
Never assume other road users will act predictably; treat every interaction as requiring active caution.
Sources
Related Questions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.