A bus driver had to answer to a court for touching a nine-year-old girl who was crossing the street on her bicycle.
But the verdict was not easy.
Geretsried/Wolfratshausen
– When turning, a bus driver overlooks two girls who are pushing their bikes across the street when the traffic light is green.
One of the girls falls and injures her knee.
The bus driver (38) recently had to answer to the court for negligent bodily harm and unauthorized removal from the scene of the accident.
However, the legal workup was not quite as easy as the brief indictment made it seem.
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Because of the incident, which occurred on September 30, 2021 at around 7:15 p.m., a penalty order had been issued against Geretsrieder.
He had appealed against this because, in addition to a fine, a one-month driving ban had also been imposed.
That could cost the family man his job.
Therefore, the defense was primarily trying to question the alleged escape from the accident.
"I'm really sorry," said the driver.
He didn't see the girls, only noticed them when one was lying on the street.
"But I didn't touch her with the bus," the accused had the interpreter translate.
Maybe the girl got scared.
He got out and asked the nine-year-old if she needed help.
The girl said no and said she was going home.
Then he drove on.
When his boss called the next day, he immediately drove to the police and made his statement.
It is understandable that the children only want to go home after such a fall.
But you can't equate children with adults who say nothing happened.
Judge Helmut Berger
The memories of the two girls involved differed from this.
"The bus hit her steering wheel, that's why her bike fell," said the ten-year-old friend of the injured woman.
The bus drove a little further and only stopped when she yelled: "Stop!" the witness reported.
The victim, who had to use crutches for four weeks after the accident, confirmed that the man offered to drive her to the doctor.
However, communication was only partially possible.
The defendant was aware that his behavior was not quite right, said defense attorney Oliver Schmidt.
That's why he immediately signed up for a language course after the incident.
In any case, he had made enough effort and "couldn't do more on the spot", which is why there was no escape from the accident.
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The court disagreed.
“It is understandable that the children only want to go home after a fall like this.
But you can't equate children with adults who say nothing happened.
That doesn't release you from leaving your personal details," stressed Judge Helmut Berger in his verdict.
“Calling the police is always possible.
That would have been the right way.”
However, Berger credited the bus driver with "trying to take care of himself".
Therefore, contrary to what the public prosecutor had requested, he waived the imposition of a driving ban, but in return increased the fine - namely to 70 (instead of 60) daily rates of 25 euros each, a total of 1750 euros.
The injured girl's mother had previously said she didn't want the man to lose his job because of the incident.
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