Accident on the Bundesautobahn 5
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The accident on the Bundesautobahn 5 occurred on 14 July 2003 close to
Karlsruhe Karlsruhe ( , , ; South Franconian: ''Kallsruh'') is the third-largest city of the German state (''Land'') of Baden-Württemberg after its capital of Stuttgart and Mannheim, and the 22nd-largest city in the nation, with 308,436 inhabitants. ...
, Germany, when a young mother lost control of her car on
Bundesautobahn 5 is a 445 km (277 mi) long Autobahn in Germany. Its northern end is the Hattenbach triangle intersection (with the A 7. The southern end is at the Swiss border near Basel. It runs through the German states of Hessen and Baden-WÃ ...
and collided with a tree. The 21-year-old woman and her two-year-old daughter died at the scene. The accident and the following judicial proceeding received nationwide attention after eyewitnesses stated that another vehicle had closed the gap to her from behind with excessive speed and caused the accident. The case was known in the media as ''Autobahnraser-Fall'' ("motorway speeder case") and sparked a debate about setting a general
speed limit Speed limits on road traffic, as used in most countries, set the legal maximum speed at which vehicles may travel on a given stretch of road. Speed limits are generally indicated on a traffic sign reflecting the maximum permitted speed - expre ...
on German motorways, which are generally without a legally mandated limit.


Accident

On 14 July 2003, around 6 a.m., a 21-year-old woman was travelling with her two-year-old daughter on the Autobahn 5 from Karlsruhe towards
Frankfurt am Main Frankfurt, officially Frankfurt am Main (; Hessian: , "Frank ford on the Main"), is the most populous city in the German state of Hesse. Its 791,000 inhabitants as of 2022 make it the fifth-most populous city in Germany. Located on its na ...
. A short distance before
Bruchsal Bruchsal (; orig. Bruohselle, Bruaselle, historically known in English as Bruxhall; South Franconian: ''Brusel'') is a city at the western edge of the Kraichgau, approximately 20 km northeast of Karlsruhe in the state of Baden-Württemberg, ...
, she lost control of her car, a small Kia, left the road to the right and crashed into trees behind the
traffic barrier Traffic barriers (sometimes called Armco barriers,AK Steel (formerly Armco) genericized trademark also known in North America as guardrails or guard rails and in Britain as crash barriers) keep vehicles within their roadway and prevent them from ...
. Although the
Autobahnpolizei is the term in Germany for the highway patrol. Heavy traffic and high-speed accidents resulted in the creation of special police units to patrol the expressways known as ''Autobahnen''. Organisation Although the autobahns are federal roads, t ...
, paramedics, an
emergency physician An emergency physician (often called an "ER doctor" in the United States) is a physician who works at an emergency department to care for ill patients. The emergency physician is a specialist in advanced cardiac life support (advanced life suppor ...
and Feuerwehr arrived shortly after, they were not able to rescue the victims; both had died instantly as a result of the collision. Eyewitnesses driving in the same direction reported to police that a dark coloured vehicle, possibly a
Mercedes-Benz Mercedes-Benz (), commonly referred to as Mercedes and sometimes as Benz, is a German luxury and commercial vehicle automotive brand established in 1926. Mercedes-Benz AG (a Mercedes-Benz Group subsidiary established in 2019) is headquartere ...
, had approached the woman's subcompact car with high speed without keeping safety distance, which is mandatory in Germany at higher speeds. Expert evidence later stated this was causal for the woman's driving mistake, as she likely jerked her steering wheel in panic, trying to avoid a
rear-end collision A rear-end collision (often called simply rear-end or in the UK a shunt) occurs when a vehicle crashes into the one in front of it. Common factors contributing to rear-end collisions include driver inattention or distraction, tailgating, panic ...
.


Investigation

A police task force with 42 members was formed and concentrated their search on a dark coloured Mercedes-Benz sedan or coupe, based on the witnesses declarations. A 34-year-old Mercedes-Benz test driver, Rolf Fischer, became suspect soon when it turned out he used the Autobahn 5 around the same time that morning with his dark blue Mercedes-Benz CL 600 Coupé – among his colleagues, he was known as "Turbo-Rolf" for his fast driving. Although he denied being involved in the accident, the
prosecutors office Public prosecutor's offices are criminal justice bodies attached to the judiciary. They are separate from the courts in Germany, Austria and the German-speaking parts of Switzerland, and are called the Staatsanwaltschaft. This kind of office als ...
brought charges against him because of reliable observations from witnesses with car-related knowledge, who recognized noticeable parts of the test car like the headlights and exhaust pipes.


Trial

Fischer was found guilty in two levels of jurisdiction for reckless driving and
involuntary manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
. In addition to witness testimonies regarding his car, Fischer was found to have lied about his departure time at home, and a gas station voucher showed that he could have been at the scene of the accident at the relevant time. His behaviour towards colleagues from work in the time after the accident had also raised suspicion in the company, that he could have been aware of the fact that he was in some way involved in the accident. The Local District Court in Karlsruhe sentenced Fischer to 18 months in prison without parole on 16 February 2004. His driving license had already been revoked when he became suspect of police investigations. In an appeal procedure, the prison sentence was lowered to one year with parole, a €12,000 fine and revocation of the driving license for one year on 29 July 2004. The court based his decision on the fact that Fischer had already been punished by his loss of employment and the media attention through which he was known as the ''Todesraser'' ("Speeder of death").


2005 TV documentary

In July 2005, two years after the accident, the German public-service broadcaster ARD telecasted a documentary with the title ''Der Tag, als ich zum "Todes-Raser" wurde'' ("The day I became the Speeder of death"). It focuses on controversial and conflicting issues regarding the investigations and trial and concluded, that the
guilt Guilt may refer to: *Guilt (emotion), an emotion that occurs when a person feels that they have violated a moral standard *Culpability, a legal term *Guilt (law), a legal term Music * ''Guilt'' (album), a 2009 album by Mims * "Guilt" (The Long Bl ...
of Fischer might be disputable.


References

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