Facts
On December 15, 1961, around 4:50 PM, the defendant Stäubli intended to turn a truck approximately 13.5 m long from the parking lot next to the Kollermühle restaurant onto the 7 m wide cantonal road Zug-Cham, in order to drive away towards Zug. During the exit onto the sidewalk, Stäubli made a safety stop, let his passenger get out to observe the traffic situation. As the road towards Zug appeared to be clear, Stäubli put the truck in motion and turned slowly onto the road. At that moment, a passenger car driven by Zeberle appeared from the direction of Zug, reportedly traveling at a speed of 80 km/h. Despite the truck's acceleration, braking attempts, and the passenger car driver's evasive maneuver, a collision occurred between the left rear part of the passenger car and the single-axle trailer of the truck in the middle of the road.
The Public Prosecutor's Office of the Canton of Zug brought charges against Zeberle and Stäubli for negligent disruption of public traffic. However, on November 14, 1962, the Criminal Court of the Canton of Zug acquitted the defendant Stäubli.
Considerations
The Cassation Court of the Swiss Federal Supreme Court confirmed Stäubli's acquittal. According to established case law, the driver who wants to merge a parked or stationary motor vehicle into traffic has an increased duty of care and diligence. They must give way to all vehicles traveling on the road, regardless of whether they are coming from the right or left, and take appropriate measures to prevent interference or endangerment of approaching road users.
In the present case,…