Facts
The appellant [X.] drove from a parking lot onto a main road and collided with a motorcycle, injuring the rider. The driver of a delivery van had given the appellant the right of way with a hand signal. The District Court of Lenzburg convicted the appellant of negligent bodily harm and sentenced him to a fine. The High Court of the Canton of Aargau upheld the conviction and the fine, but granted a suspended sentence.
The appellant requests that the Federal Court overturn the judgment of the High Court and acquit him of guilt and punishment. He argues that the judgment violates the principle of trust, as he merged into traffic in an authorized manner with the prescribed caution and could not have expected a motorcycle rider to pass illegally on the left side of the standing column of vehicles.
Considerations
The Federal Court examines whether the appellant can invoke the principle of trust. It finds that the appellant turned from a parking lot onto a main road and did not yield the right of way. The driver of the delivery van gave him the right of way, but the appellant entered the traffic lane with right of way without visibility.
The Federal Court states that the principle of trust only applies if the road user has behaved in accordance with traffic regulations. The appellant violated traffic regulations by entering the traffic lane with right of way without visibility. He cannot therefore invoke the principle of…