Facts
On March 13, 1963, around 10:40 a.m., Annemarie von Arx was driving her "Morris" car in Zurich, from the Promenadengasse towards the Zeltweg. In front of her was a "Renault" car driven by Sigrid Stummer. In the Wettingerwies, Sigrid Stummer stopped on the left side of the road to let a passenger get out. When Annemarie von Arx tried to overtake, the right door of the parked vehicle opened and was hit by her car, damaging both vehicles. Annemarie von Arx then also stopped, called Ms. Bosshart, who had gotten out of Sigrid Stummer's car, to reproach her for not paying attention, and then left. About 10 minutes later, she returned on foot to the scene and asked Sigrid Stummer for her address, which the latter refused to give until Annemarie von Arx had given her own. Annemarie von Arx then left and filed a complaint with the police against Sigrid Stummer at 12:20 p.m.
Considerations
According to the Court, Annemarie von Arx failed to fulfill her obligation to stop and remain at the accident scene as long as necessary to deal with the consequences of the collision, in accordance with Art. 51 para. 1 and 3 RTA. Although she briefly stopped her vehicle, she did not concern herself with the damage caused and merely reproached Ms. Bosshart for not paying attention. There was no indication that she had to leave quickly to avoid obstructing traffic, as the street was apparently not very busy at the time of the accident.
Furthermore, as a driver involved in the accident, Annemarie von Arx had the obligation to provide her name and address to the other party, in accordance with Art. 51 para. 3 RTA.…