Lawyer for mountain biking in Austria

Our lawyers are specialized in out-of-court and in-court legal representation in civil proceedings and in criminal proceedings due to mountain bike accidents in Austria.

Legal consequences after mountain bike accidents

Six locations

The ideal location of our six locations in Austria enables us to optimally represent you at every accident site in all Austrian regions.

Our German clients particularly appreciate that our law firm is also admitted in Germany. This facilitates communication with their German “in-house lawyer” and German legal expenses insurance. We are the ideal “translators” from German law to Austrian law.

Meeting via video conference

Mountain Bike Accidents can also happen far from home. We also have a solution for this. The handling of all meetings via video conference or telephone is a matter of course for us. This saves you many kilometers of travel.

Legal Expenses Insurance

We accept all legal expenses insurance policies.

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Claims after a Mountain Bike Accident

In the event of a mountain bike accident in Austria, Austrian law is applicable in almost all cases. All claims of all persons involved must therefore be examined under Austrian law. The only exception is if the causer of the accident and the accident victim are resident in the same foreign country.

In the event of a mountain bike accident, claims for damages may exist for

1. Pain
2. Property damage
3. Rescue costs
4. Medical costs
5. Frustrated expenses
6. Loss of earnings
7. Lump sum expenses

The liability for these claims lies with the person who caused the accident culpably and unlawfully. Anyone who wants to enforce these claims as an accident victim or defend against them as the person causing the accident must do everything right from the start.

If it is a serious accident with personal injuries, the police can be called in and record the course of the accident. This inevitably happens if other road users (such as car drivers, cyclists, pedestrians) are also involved in the accident. As a rule, this is also the case in the event of accidents on public roads and paths. Even small mistakes in the statement can have expensive consequences.

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Pain

The pain and suffering compensation is intended to compensate the injured party for both the pain and feelings of discomfort already caused by the mountain bike accident and all consequential and late damages occurring only in the future.

The amount of compensation for pain and suffering is calculated using daily rates, distinguishing between mild, moderate, and severe pain. These are awarded in different amounts in various court districts.

For example, the Regional Court of Salzburg would likely award compensation for pain and suffering of approximately EUR 5,520.00 for an injury involving 3 days of severe pain, 8 days of moderate pain, and 21 days of mild pain.

Property damage

The property damage includes the costs for the replacement or repair of items that were destroyed or damaged by the mountain bike accident. Property damage, such as bicycle equipment damaged by the mountain bike accident, must also be compensated.

The purpose of the claim for damages is to provide the injured party with compensation for the loss suffered. If already used items, e.g. old bicycle equipment, are damaged, the “new for old” problem arises. In the case of heavily used items, this can lead to only the current value of the damaged item being replaced.

Rescue costs

The recovery costs include the costs of recovery from the scene of the accident. If, due to a mountain bike accident, a recovery by helicopter is necessary, then the injured party can also demand these costs from the causer of the accident.

ATTENTION: If the rescue costs were reimbursed by an insurance company, the related claims against the person causing the damage are transferred to the insurance company.

Medical costs

The medical costs include the costs for treatments, medications, medical aids and travel to treatments.

ATTENTION: If the services were provided by the social insurance provider, the related claims against the person causing the damage are transferred to the social insurance provider.

Frustrated expenses

Frustrated expenses are all expenses that were not caused by the mountain bike accident itself, but have become useless due to the mountain bike accident. The accident victim is entitled to compensation for frustrated expenses.

The claim for compensation of frustrated expenses includes, among others, the costs of the no longer needed hotel room, travel costs of a vacation that can no longer be consumed as well as cancellation fees.

Loss of earnings

The loss of earnings includes all damages of the accident victim due to a reduction or a loss of earning capacity.

If the accident victim suffers a loss of earnings due to the mountain bike accident, the causer of the accident must compensate for the loss of earnings.

The loss of earnings must be compensated by the person causing the accident even in case of slight negligence.

Lost Profit

Loss of profit always occurs when the injured party loses a future opportunity that was already largely certain to happen.

The non-receipt of an already imminent, but not yet fixed at the time of the mountain bike accident, professional promotion constitutes a loss of profit if the accident victim is no longer able to perform the higher-paid job due to permanent damage.

The loss of profit must be compensated by the accident perpetrator in case of gross negligence.

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Liability for Mountain Bike Accidents

A liability for the consequences of a mountain bike accident requires an illegal and culpable behavior of the causer of the accident.

We have summarized the most important examples for you:

Non-compliance with the “fair play” rules

The “Fair Play” Rules“ were adopted by the Federal Ministry for Agriculture, Forestry, Regions and Water Management, in cooperation with the agricultural and forestry enterprises of Austria and Österreichische Bundesforste AG. These state:

• Only ride on marked paths!
• Leave no traces!
• Keep the mountain bike fit!
• Keep the mountain bike under control!
• Respect other nature users!
• Take animals into consideration!
• Act responsibly!
• Do something good for the environment and yourself!

Mountain biking in the forest (including forest roads and other forest paths) is generally prohibited. Permission can be obtained from the respective forest owner (in the case of forest roads, the forest road maintainer). If the forest owner grants his consent to the general public, this is recognizable by appropriate signage.

Mountain biking under the influence of alcohol

Mountain biking (as well as general cycling) is subject to a legal maximum limit for alcohol in the blood (blood alcohol limit) of 0.8 per mille. There are legal consequences as soon as an accident occurs when this value is exceeded. If the blood alcohol level is above 1.6 per mille, one is referred to as “unfit to drive”.
If there are repeated violations or a particularly serious accident, the (motor vehicle) driving license can also be revoked.

But even with blood alcohol levels that are not yet legally relevant, the influence of alcohol can become relevant in liability issues. If the causer of the accident is intoxicated, this almost always causes gross negligence. In the event of property damage, the causer of the accident is then liable for the replacement value of the damaged items and also for a loss of earnings of the accident victim.
If the accident victim is intoxicated, the court often pronounces contributory negligence on the part of the accident victim. The accident victim’s claim for damages is then reduced proportionally.

Intoxication therefore has a direct impact on the scope and amount of claims to be asserted.

Anyone who is impaired due to the influence of alcohol while mountain biking also commits the criminal offense of endangering physical safety – even if no one was injured. Anyone who injures others due to the influence of alcohol commits negligent bodily harm, which is punished more severely due to the grossly negligent causation.

Mountain biking under the influence of drugs

The same applies to mountain biking under the influence of drugs as to mountain biking under the influence of alcohol. Mountain biking under the influence of drugs can bring massive disadvantages for both the causer of the accident and the accident victim.

Defective mountain bike equipment

A defect in the mountain bike equipment can lead to accidents and injuries. Several constellations are conceivable:

1. Own errors
2. Error of a mountain bike seller
3. Errors by a specialized workshop
4. Error of a mountain bike renter
5. Error of the mountain bike manufacturer

Own errors

There are no specific obligations for mountain bikers as to how they have to take care of their own safety. In particular, there is no helmet obligation or the wearing of special protective equipment for adults. For children up to the age of 12, however, the wearing of a protective helmet is required by law for any carrying or own cycling. However, penalties are not provided for in the event of non-compliance.

However, it must be taken into account that in the event of an accident without a helmet or protective clothing – regardless of the extent of the responsibility of other parties involved – there is the possibility of imputing one’s own contributory negligence. This can reduce the claims for damages.

A distinction is made in principle between sporty ambitious cyclists and ordinary road cyclists. In its case law, the Supreme Court (OGH) focuses on the speed and the associated accident risks, which justify a “general awareness” of the importance of wearing a helmet (OGH 2 Ob 8/20w).
In individual cases, the actually driven speed and the avoidability of the damages incurred are assessed. Thus, contributory negligence has already been denied by the court even in the case of racing cyclists with a lower speed (15-20 km/H).

Also with regard to the wearing of protective clothing, reference must be made to the general awareness of the (sports) circle. A contributory negligence is assumed by the OGH in the case of motorcycle clothing in the event of a corresponding increased self-endangerment (2 Ob 119/15m).

Cyclists must also comply with the general commandments of road traffic.
According to the sight driving requirement, one may only drive as fast as one can stop in time in front of an obstacle on an easily visible road. If an extraordinary or difficult to recognize obstacle is not to be expected, the sight driving requirement is limited by the principle of trust.

Anyone who maintains the mountain bike equipment themselves takes a great risk. If, for example, the brakes or the steering were set themselves and then there is a failure and a fall during the ride, then a self-inflicted incorrect setting is considered the cause of the fall, unless the fallen person succeeds in proving another cause.

Third-party errors

Mountain bike sellers, mountain bike workshops, mountain bike renters, importers and mountain bike manufacturers are liable as specialist companies for defective equipment or defective settings.

The burden of proof that a defective mountain bike equipment caused the accident lies with the plaintiff and thus usually the accident victim. The so-called “prima facie evidence” is sufficient. The prima facie evidence allows, on the basis of empirical rules, to draw conclusions from proven facts to facts to be proven.

Fault in organized mountain bike events

A fundamental responsibility of the forest owner for specially marked and designated mountain bike trails is not assumed as soon as the route is used for an organized mountain bike race. In this case, the organizers must rather ensure that the trail is safe and secured for the participants. Repairs and barriers are to be taken as further precautionary measures.

In addition, the organizer of the mountain bike race has the responsibility to ensure that the dedicated race track is in a secured condition and that an orderly rescue service is set up.

Securing Forest Paths (with Permission to Ride)

Mountain bikers may be allowed to ride on hiking trails (“shared trails”). In doing so, the mutual consideration requirement must be observed with all other path users (pedestrians, climbers, cross-country skiers). In addition, there may be specially designated mountain bike trails (“trails”).

Anyone who rides off-road from approved forest roads or other forest paths with a bicycle or mountain bike is basically acting at their own risk with regard to the condition of the soil and vegetation.

The forest owner has no general obligation to ward off typical (forest) dangers (such as falling branches, uneven ground, etc.). This also applies to natural fall, collision and avalanche danger. Here, liability is only assumed within the framework of the Ingerenz principle for created atypical dangers. The path maintainer is generally not liable if the accident occurs on a path that was used unlawfully and this was recognizable to the user (4 Ob 200/12h).

If, on the other hand, it is a question of atypical dangers (e.g. marking of tensioned ropes during forest work or hunting), he is obliged to secure this source of danger.
If the forest owner has permitted the use of forest and forest paths, he is liable according to § 1319a ABGB, whereby the liability is limited to intent and gross negligence.

The forest owner, on the other hand, has a higher duty of care for designated mountain bike trails. If the trail is specially marked for mountain bikers, the route must also be safely and clearly marked to this extent.
Sources of danger, such as particularly dangerous places, must be secured (e.g. slopes, large loose stones or obstacles) or locked. The responsibility of the forest owner also lies in the regular maintenance in order to exclude any sources of danger.
For mountain bikers, it should be noted that the Road Traffic Regulations (StVO) apply to all designated mountain bike trails (with the exception of so-called fun parks).

The specific scope of the traffic safety obligation always depends on the circumstances of the individual case. Specifically, it must be based on which measures are possible and reasonable for the forest owner to avoid a danger.

However, it must also be taken into account that complete traffic safety on forest and forest roads is not achievable. Therefore, no excessive demands may be placed on the obligations incumbent on the forest owner.

If a tourism association makes a path available for general use, the Supreme Court (OGH) has recently ruled that the tourism association assumes the function of a (co-)maintainer according to §1319a ABGB vis-à-vis cyclists entitled to ride. This means that there is a duty of repair and maintenance for cycling purposes for this. The tourism association as well as the forest owner are accordingly jointly liable.

Defective Special Areas

The special areas include in particular fun/bike parks, marked trails and similar facilities as well as training and race tracks. As far as these special areas are operated by organizers or operating companies, these belong to the organized there is also a traffic safety obligation.

Within the scope of the traffic safety obligations, the system operator must in any case maintain a traffic-safe and hazard-free condition of the system and protect the users from recognizable dangers (e.g. by warning signs).

Even if there is no binding set of rules for fun/bike parks, general rules of conduct apply due to the increasing number of accidents in fun parks with sometimes serious injuries (similar to the FIS rules).

Defective mountain bike course

A contract is concluded between the guest and the mountain bike school owner (often for driving technique training), whereby the mountain bike school owner instructs the guest for a certain period of time in the knowledge and skills of mountain biking for a fee. A certain training success is usually not owed here.

As a secondary obligation arising from the contractual relationship, there is the obligation to protect the physical safety of the guest. A special feature of the contractual relationship is the relationship of superordination and subordination between the mountain bike instructor and the guest.

The mountain bike school owner is liable to the guest for damages from accidents during the course in the event of his own fault or the fault of his mountain bike instructors from the contract. The mountain bike instructor himself is an auxiliary person of the mountain bike school owner and is only liable to the guest in tort.

An exclusion of liability by the mountain bike school for personal injury such as bodily injury is not possible. For property damage such as damaged mountain bike equipment, the mountain bike school can exclude liability for slight negligence, provided that this is contractually agreed, e.g. in the form of general terms and conditions.

Participants in mountain bike courses also have the same rights and obligations as other users of the mountain bike trails (differentiation according to the type of trail, see above). In particular, they must also comply with the general rules of conduct. If the guest himself is at fault in an accident, a division of liability is usually to be made.

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Procedures after mountain bike accidents

Anyone involved in an accident should immediately secure legal assistance.

Civil Proceedings

The injured party must assert their private law claims before the civil courts.

If criminal proceedings are initiated against the party causing the accident, civil law claims can also be asserted in the form of a private party claim in any criminal proceedings.

Criminal Proceedings

If the opposing party is injured in the mountain bike accident or the equipment is damaged, this can have criminal consequences for the causer of the accident:

• Property damage
• Endangering physical safety
• Negligent bodily harm
• Negligent homicide

Uninvolved third parties can also be prosecuted in criminal law for failure to render assistance or for abandoning an injured person.

Administrative (Penal) Proceedings

In the event of unauthorized use of forest and forest roads, not only can liability be excluded, but both administrative penalties (150€ to 730€ in serious cases) and civil lawsuits of the forest owner can be brought against the mountain biker. These penalties vary depending on the federal state.

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Behavior after a mountain bike accident

If you yourself have been involved in a mountain bike accident or have witnessed a mountain bike accident, you must – unless you are the victim – provide assistance in any case. Failure to provide assistance is a criminal offense in the event of an injury.

1. Secure the accident site

First, secure the accident site, especially on a busy trail. Securing the site always takes top priority, regardless of the severity of the injuries. It is futile if accident helpers are injured by subsequent mountain bikers due to a lack of securing the site.

2. Provide first aid

Always provide first aid to injured persons. Ensure that injured persons are kept as warm as possible.

3. Call for help

If further assistance is needed, dial the European emergency number 112. Do not hang up the phone until the emergency service has recorded all data and ended the call. If a telephone alarm is not possible, then help must be sought by other means, provided this can be done safely. If this is not safely possible, it is advisable to remain at the accident site. Injured persons should only be left alone in the most extreme emergencies.

4. Secure evidence

Secure all evidence. If it is a challenging route, mark the accident site if the accident occurred due to road conditions (e.g., obstacles on the trail). Only begin securing evidence once the accident victim is being attended to by you or other persons.

5. Inform the police

If you cause an accident resulting in bodily injury, you are obliged to inform the police. The police should be informed in any case as soon as there is even the slightest suspicion of a minor injury – even if the victim does not deem it necessary. Failure to inform the police by the perpetrator of bodily injury is a criminal offense.

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Securing Evidence after a Mountain Bike Accident

Secure all evidence. For this purpose, it is best to use your mobile phone camera to take photos and videos.

1. Record personal details

As a first step, document all persons involved in the accident, witnesses, and also helpers who arrived later. Ideally, photograph their IDs for documentation or create a video of each person stating their name, address, phone number, and email.

2. Create an accident report

For securing evidence in a mountain bike accident, documentation of the mountain bike accident is necessary:

1. Accident site
2. Parties involved
3. Course of the accident
4. Injuries
5. Property damage
6. Position of witnesses at the time of the accident
7. Witness statements
8. Description of a person who fled (e.g., party causing the accident)
9. Assistance provided
10. Further course of events

3. Contact a lawyer

In accidents involving personal injury, an investigation by the police also takes place. Victims or perpetrators of a mountain bike accident should definitely contact our law firm before any police interrogation.

Even small errors during questioning can lead to irreparable consequences for your future. As a rule, a written statement by the attorney is therefore the better choice than an oral interrogation without prior legal advice.

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Questions About Mountain Bike Accidents

1. Am I, as a forest owner, also liable for unofficial paths (paths spontaneously created by hikers) that are now also used by mountain bikers?

No, generally not. If you, as the forest owner, have not given explicit consent for its use as a bicycle path, the source of danger is not based on your instigation. This applies even more so if mountain bikers have illegally created a path without your consent. Something else applies if the unofficial path harbors atypical dangers (not natural, expected dangers).

2. Am I allowed to ride my mountain bike everywhere in the forest?

No. In forests, there is a right of free access, but a general driving ban. If, however, the forest owner grants their consent (e.g., through signs or a marked route), mountain biking is permitted.

3. Am I allowed to ride my mountain bike on hiking trails?

Generally not. However, if the path is intended for shared use (signage) or designated as a “trail” (i.e., a mountain bike route), mountain biking is also permitted. The principle of mutual consideration must be observed. This includes reducing speed, maintaining sufficient distance (including to the sides), and ensuring safe passing.

4. Am I, as a mountain biker, really solely liable if I ignore a sign that says “Proceed at your own risk”?

No. Liability rules are prescribed by law. If the law states that a forest owner would be liable in such a case, the sign does not change this legal situation. A disclaimer of liability only applies if the legal provisions do not foresee such liability.
If it is specifically a designated mountain bike trail, the forest owner is also responsible for its safety and maintenance. A sign with a contrary statement (“Use at your own risk”) does not change this.

5. May a forest owner or forester stop me as a mountain biker?

Yes and no. A forest owner is always also a landowner according to the Civil Code (ABGB). This allows them to exercise a certain degree of “self-help right” for the protection of property. However, this right may only be exercised appropriately. Physical force, in particular, is only permissible in exceptional cases.
Foresters, on the other hand (as well as forest workers, other hikers, etc.), have no rights against cyclists. An exception applies if they are forest protection officers. They may stop mountain bikers and, in an appropriate manner, ascertain their identity and file a report.
In exceptional cases, they are even authorized to remove persons from the forest. If the person stubbornly refuses, the forest protection officer may even carry out an arrest or confiscation of the bicycle.

6. Do I, as a forest owner, have to observe special provisions of the Road Traffic Act (StVO) if there are mountain bike routes?

First, it must be emphasized that the Road Traffic Act (StVO) always applies when a road exists. Even if it only serves pedestrian traffic, it is recognized as a public road with public traffic. The StVO is therefore fully applicable to forest roads as well. If you designate additional mountain bike routes, the fundamental applicability of the StVO remains. No additional regulations are added.
The maintenance and safety obligations beyond that, however, are based on tort liability.

7. Can I, as a forest owner, exclude the applicability of the StVO?

Generally not. The applicability of the StVO to forest roads only ceases if no public traffic (general pedestrian and vehicular traffic) takes place overall. If this is the case, you, as the forest owner, can exclude the StVO or make partially deviating provisions through explicit signage.