Facts
In this case, Ms. Meienberg, the driver of an Opel vehicle, was seriously injured in a collision with a DKW vehicle driven by Ms. Mayer. The accident occurred on January 1, 1962, on the Sihltal road, while the road was snowy. Ms. Mayer lost control of her vehicle in a downhill right-hand curve, crossed the left lane, and collided with Ms. Meienberg's vehicle. Ms. Meienberg's husband, Werner Meienberg, was also seriously injured. Ms. Mayer was convicted of negligent traffic violation and bodily harm. In October 1970, Werner Meienberg filed a claim for damages against the liability insurance of Walter Süess, the owner of the DKW vehicle. The insurance company filed a counterclaim against Meienberg.Considerations
1. Articles 60(2), second sentence, and 61(1) of the RTA establish the same fundamental rule for the allocation of damages between the owners involved in the accident. 2. When the risks inherent to the parties' vehicles are considered to be roughly equal and the accident is attributable to a significant fault of one of the drivers, without fault of the other, the damage must be borne by the faulty owner. The case law of the Federal Tribunal indeed considers that the faulty behavior…