Kernrechtsfrage
Whether the insurer could be fully exonerated under vehicle-holder liability rules because of the victim's alleged exclusive grave fault
Extrahierter Entscheid
No. The truck driver had committed a traffic fault by partly driving on the emergency stop lane, so the holder could not be released under Art. 59(1) LCR.
Extrahierte Begründung
Exoneration requires exclusive grave fault by the victim or a third party and no fault by the holder/driver. Because the driver violated Art. 36(3) OCR, the holder remained liable.