Kernrechtsfrage
Whether the driver breached her duty of care when approaching a pedestrian crossing divided by a traffic island.
Extrahierter Entscheid
The case had to be reassessed because the lower appellate court failed to consider the legal significance of the traffic island and the pedestrian's duty to re-evaluate the crossing before entering the second part.
Extrahierte Begründung
A divided crossing means each part is legally a separate crossing. The pedestrian may cross in one movement only if, after observing traffic, this does not force drivers into abrupt maneuvers. The driver may generally trust the pedestrian to comply, but must observe the whole situation, including the opposite-side pavement, for signs of improper crossing.