Key legal question
Whether the cantonal court violated the right to be heard by not addressing the appellant’s nighttime-accident argument and literature references.
Extracted holding
No. The complaint concerned the substantive assessment of fault, not evidence-taking; the cantonal court had in fact dealt with the argument when assessing fault.
Extracted reasoning
Article 29(2) BV protects the right to be heard on relevant evidence, but the appellant’s submissions targeted the legal characterization of his fault. That point cannot be raised through this complaint route, and the lower court’s reasoning was sufficient.