Facts
The case concerns a driver who wanted to turn right. According to the case law of the Federal Court, a driver who wants to change direction must take into account oncoming traffic and vehicles following behind. This applies to any change of direction, including turning right or left, whether at an intersection or elsewhere.
The driver turning right must ensure through appropriate measures that they can carry out the maneuver safely. If they are properly positioned at the right edge of the road and can turn right without having to brake abruptly or swerve to the other side, there is no reason to also require them to observe the following traffic before turning. However, where a traffic situation is created that is unclear or dangerous for other road users, the driver must exercise all due caution to address possible dangers.
In particular, if the driver turning right unnecessarily maintains a wide distance from the right edge of the road, leaving enough space for a vehicle to overtake on the right, they must ensure through attentive observation of the rearward traffic that they do not endanger the following traffic by turning. They may only carry out the maneuver once they have obtained sufficient assurance that they will not collide with a following vehicle.
Considerations
The Federal Court confirms that the driver turning right who creates an unclear or dangerous traffic situation for other road users is obliged to exercise all due caution to address possible dangers. In particular, if they unnecessarily maintain a wide distance from the right edge of the road, leaving enough space for a vehicle to overtake on the right, they must ensure through attentive observation of the rearward traffic that they do not endanger the following traffic by turning. They…