Question juridique clé
Whether the toppling of a parked motorcycle and the resulting domino damage constitute a traffic accident under Art. 58 para. 2 SVG.
Solution extraite
No. Art. 58 para. 2 SVG requires a traffic accident caused by a motor vehicle that appears in traffic; a purely parked and non-operating motorcycle tipping over on a parking lot does not meet that condition.
Motifs extraits
The court held that the provision covers situations where a motor vehicle appears in traffic and becomes a source of danger, even if it is not being operated in the sense of Art. 58 para. 1 SVG. Here, however, all motorcycles involved were out of operation. Damage occurring outside a traffic process is not a traffic accident within the meaning of the statute.