Facts
The case concerns a traffic accident that occurred on June 16, 1963 in Brüttelen. Heidi Oberli, the appellant, was driving her Volkswagen from Finsterhennen at around 10-15 km/h towards an intersection to turn left in the direction of Ins. At the same time, a Volkswagen driven by Aebischer at 30-40 km/h from the direction of Ins was approaching the intersection. A side collision occurred in the middle of the intersection.
The High Court of the Canton of Bern had convicted Heidi Oberli of a violation of the duty of care under Art. 32 para. 1 of the Swiss Road Traffic Act (SVG) and imposed a fine of 30 francs. The High Court accused her of not turning into the main traffic artery Ins-Biel with the required caution and of not having sufficiently adapted her speed to the visibility conditions at the intersection.
Considerations
The Court of Cassation overturned the judgment of the High Court and remanded the case to the lower court for the acquittal of the appellant. The Court of Cassation stated that the High Court had wrongly made a distinction between main and secondary roads in the right of way. The traffic regulations do not provide for such a differentiation. For drivers on secondary roads whose paths intersect, the general rule remains that the vehicle coming from the right has the right of way, regardless of the traffic importance of the…