Legal aspects: Liability and cover

For the purposes of efficient loss adjustment, it was essential not only to compile a record of all the loss and damage and to discuss the structural engineering issues but also to clarify liability and coverage issues at the same time.

Passenger car_According to German law, the main basis for claims filed by injured parties after a road accident is Section 7 of the German Road Traffic Act and Section 823 (1) of the German Civil Code1. There was no doubt about the liability of the driver/owner of the vehicle. Claimants: among others, the surviving dependants of the lorry driver, the owner of the lorry, the motorway authorities, the local government, the THW, the beverages manufacturer, and the local population.

The liability insurer of the car that caused the accident, however, was not liable towards the coinsured driver, who was the brother of the owner (policyholder). The reason: drug consumption and leaving the scene of the accident in accordance with Section 2 b (1e) and Section 7 (V.1) General Terms and Conditions of Motor Insurance2. However, the objection of release from obligation to perform did not apply vis-à-vis third parties in accordance with Section 3 (4) Law on Obligatory Insurance for Vehicle Owners.

Internally, the release from obligation to perform was thus upheld. However, the liability insurer could take recourse action against the driver, though limited to a sum of €5,000.

Lorry: A possible liability on the part of the lorry driver/ owner in accordance with Section 7 of the German Road Traffic Act and Section 823 (1) of the German Civil Code also had to be investigated. Was the driver of the car unequivocally at fault, or did the operational hazard of the lorry also have to be taken into consideration?

Repair work: New territory for road construction engineers

The Wiehl Valley bridge was ultimately repaired between March and August 2006 during the relatively quiet summer holidays. A bridge segment measuring 20 x 31 m had to be replaced with a new steel structure – a difficult undertaking on such a scale.

Although the bridge was reopened to traffic on 7 October 2004, its operation was still limited. Scaffolding had already been erected for the damaged section a few weeks after the accident and the loadbearing capacity increased by 27 steel struts. However, only two lanes were open in the direction of Cologne and one in the direction of Olpe.

Furthermore, a speed limit of 80 km/h was imposed. In May 2005, the repair option was chosen definitively on the basis of the appraisals and calculations, and contracts were to be awarded as of January 2006. The costs for the work on the bridge were estimated at several million euros (replacement of the motorway section and heat straightening).

The new segment was inserted on 13 July once the other damaged bridge sections had been straightened – the motorway had also been closed since 28 June. Two auxiliary supports prevented the bridge from collapsing while the segment was being replaced. This was necessary as beam bridges are subject to particularly high compressive and tensile stress. The replacement was lifted to the correct height in stages using four steel cables and aligned to make a perfect fit. The 160-t bridge segment on stilts was fitted and welded in place within a few hours.

Nevertheless, it was several weeks before the bridge could be reopened to traffic. Fitters first had to connect the segment to the other bridge sections with a continuous load path. Subsequent inspection of the weld seams confirmed that lasting repairs had been achieved. Removing one segment and replacing it with a new segment is a process that is used in the shipbuilding industry for enlarging ships, but this was the first time it had ever been used in bridge construction in Germany. This part of the repair work finally accounted for about 50% of the total repair cost.

Whilst the repair work was being carried out, the bridge was also refurbished and the road surface and corrosion protection, etc. renewed. The total closure lasted until 22 August 2006, when the bridge was reopened to traffic.

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