Decision of the Federal Court regarding the sudden braking of a vehicle due to the sudden crossing of animals on the road

Facts

[L.] was driving her vehicle at approximately 60 km/h on the cantonal road from Bern to Morat. Shortly before the motorway exit near Löwenberg, she braked sharply to avoid a collision with two animals crossing the road. The driver H. who was following her was surprised and could not stop in time, thus colliding with L.'s already stationary vehicle. [L.] was convicted for not taking into account the vehicle following her and for braking sharply "because of small animals (mice)" without there being an emergency (Art. 37 para. 1 RTA, Art. 12 para. 2 TRegO). She filed an appeal for nullity against this decision.

Considerations

The Court examines the relationship between Art. 34 para. 4 RTA and Art. 37 para. 1 RTA. Art. 34 para. 4 RTA, which requires the following driver to maintain a sufficient safety distance, is the main rule. Art. 37 para. 1 RTA is only an additional safeguard, which in no case can transfer responsibility to the preceding driver. The latter does not have to take into account the possible inattention of the following driver.

Art. 12 para. 2 TRegO, which is based on Art. 37 para. 1 RTA, only prohibits sudden braking and stopping if they are unnecessary. When animals suddenly appear on the road, it is a dangerous situation in which sudden braking cannot be…