Germany

What should I do immediately after a traffic accident?

Stop immediately
Legal duty
112
Emergency number
30 min
Reporting window for property damage only
100%
Liability in 'dooring' cases (BGH VI ZR 398/20)
The Short Answer

Stop safely, check for injuries, call emergency services if needed, exchange information with all parties, and document the scene — failure to stop or assist may violate German road rules.

What the Law Says

German law imposes immediate duties on all drivers involved in a traffic accident — rooted in the principle of mutual care and responsibility on the road.

Under the German Road Traffic Regulations (StVO), every road user must act with constant caution and mutual consideration. This includes an immediate obligation to stop, assist, and cooperate after any collision — no matter how minor.

Failing to stop or render aid can lead to criminal penalties under § 142 StGB (hit-and-run), in addition to civil liability and insurance consequences. Even in accidents with only property damage, you must remain at the scene long enough to exchange required information unless doing so would endanger safety.

The basic duty applies regardless of who appears at fault — because liability is determined later, not at the scene.

Statutory Text

Die Teilnahme am Straßenverkehr erfordert ständige Vorsicht und gegenseitige Rücksicht.

StVO § 1(1) — Basic rules of road traffic
Statutory Text

Wer 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) — Basic rules of road traffic

What Courts Have Said

German courts emphasize strict adherence to on-scene duties — especially when vehicle operation creates risk to others.

BGH VI ZR 398/20
Bundesgerichtshof, 6. Zivilsenat · 2022

A vehicle occupant who opens a door into the path of a cyclist is fully liable for injuries. The court confirmed that opening a car door constitutes use of the vehicle under § 7 StVG, triggering strict liability — and violates the duty of care under StVO § 1.

What to Do

1

Stop your vehicle safely — turn on hazard lights and place a warning triangle (at least 50 m in urban areas, 100 m on rural roads, 200 m on highways).

2

Check for injuries — call 112 immediately if anyone is hurt or unconscious.

3

Exchange full names, addresses, license plate numbers, and insurance details with all involved drivers and witnesses.

4

Take photos of vehicle positions, damage, road markings, and surroundings — avoid admitting fault or speculating about causes.

5

File a police report if there are injuries, disputed liability, or damage over €1,500 — otherwise, submit a written accident report ('Unfallanzeige') to your insurer within 30 days.

Sources

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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.