Facts
The complainant [X.] , a 68-year-old cyclist, suffered a complete tetraplegia and hypoxic brain damage in an accident with a motorhome driven by [A.] on July 1, 2009. The motorhome had stopped on a straight, uphill road and blocked its own lane more than halfway and the adjacent bike path completely. The complainant rode his racing bike unbraked into the rear of the motorhome, although he could or should have seen the stationary vehicle with its flashing warning lights.
The Arbon District Office discontinued the criminal investigation against [A.] for negligent serious bodily harm, as causality was not given. The Public Prosecutor's Office of the Canton of Thurgau approved this discontinuation decision. The Indictment Chamber of the Canton of Thurgau dismissed the complaint by [X.] .
[X.] lodges a complaint in criminal matters and requests that the judgment of the Indictment Chamber and the discontinuation decision be set aside and the case be referred to the competent court for the conviction of [A.] for negligent serious bodily harm.
Considerations
The complainant is entitled to lodge a complaint in criminal matters as a victim pursuant to Art. 2 para. 1 VSA. The lower court assumes that according to § 137 CrimPC/TransA, in case of doubt, an indictment is to be brought. The question of the adequate causal link is central.
The lower court assumes that the complainant must constantly control his vehicle in such a way that he can comply with his duties of care. He must drive in such a way that he can stop within the visible distance. The complainant rode his racing bike unbraked into the rear of the motorhome, although he could or should have seen the stationary vehicle with its flashing warning lights.
The lower court therefore correctly…