Bicycle accidents in Switzerland: Who is liable?

The number of bicycle accidents in Switzerland is steadily increasing - not least due to the boom in e-bikes and the general trend towards environmentally friendly mobility. As the number of cyclists increases, so does the risk of collisions. Whether between two bicycles, with a motor vehicle or in connection with an e-bike: the assessment under liability law depends heavily on the individual case. In this article, we provide an overview of the most important legal principles and typical constellations.

1. Accident between two cyclists

Although bicycles are considered motor vehicles, they are exempt from causal liability under the SVG (Art. 38 Para. 2 in conjunction with Art. 18 lit. b VTS). If two cyclists collide, the Swiss Code of Obligations (CO) therefore applies - specifically the tortious act according to Art. 41 CO. Anyone who causes damage to another person through a culpable act (e.g. disregard of traffic rules: Inattention, insufficient distance, disregarding the right of way, etc.) causes damage to another is liable for damages. The party at fault is liable for the damage caused to the other party. However, both parties can also be held liable if there is mutual fault. Liability then depends on the degree of fault.

The same applies in the event of a collision with a pedestrian.

Insurance is no longer compulsory for bicycles. It is up to each individual to take out insurance for this. If damage occurs, this must generally be borne privately or settled via personal liability insurance - if such insurance exists.

2. Accident between cyclist and motor vehicle

If there is an accident between a bicycle and a car or motorbike, things become more complex. This is because the Road Traffic Act (SVG) provides for causal liability for motor vehicles (Art. 58 SVG). This means that the owner of the motorised vehicle is liable even if he is not at fault, simply because of the operational risk of his vehicle.

This liability only ceases to apply if the accident was caused exclusively by gross negligence on the part of the cyclist or force majeure. In practice, this means that cyclists usually receive at least partial compensation in collisions with cars, even if they are partly at fault.

3. And what about e-bikes?

E-bikes are treated differently in terms of liability, depending on their technical equipment:

• Slow e-bikes (up to 25 km/h, max. 500 watts) are considered light motorised bikes. As with bicycles, they are not subject to causal liability under Art. 58 SVG. The legislator has regulated liability in accordance with the Swiss Code of Obligations (Art. 38 Para. 2 VVV). The owner is also not required to take out liability insurance: These e-bikes are exempt from the obligation (Art. 38 Para. 1 VZV). In the event of an accident involving such an e-bike, the rider of the e-bike is liable. If there is a collision with a car, the causal liability of the motor vehicle may apply.
• Fast e-bikes (up to 45 km/h, with pedal assistance) are considered motorised bicycles. They are motorised vehicles within the meaning of Art. 7 SVG. This means that the causal liability of Art. 58 SVG applies. The owner must also take out motor vehicle liability insurance. In the event of an accident with such an e-bike, the owner is therefore also liable, even if he or she is not the driver. However, recourse can be taken against the driver if they are at fault for causing the accident. If there is a collision with another motor vehicle (e.g. car, motorbike), the owner is liable in proportion to their fault.

Conclusion

The assessment of liability for bicycle accidents depends heavily on the individual case. While fault is the main factor in collisions between bicycles and/or a slow e-bike, causal liability comes into play in accidents involving motor vehicles, including fast e-bikes. In any case, it is worth checking carefully.