Key Points at a Glance
➤ The principle: A serious traffic accident like the one in Pfyn, TG, always leads to complex criminal and civil liability investigations—for everyone involved.
➤ The Rules: Outside of built-up areas at night, pedestrians must walk on the left and in single file (rule of walking on the left). Drivers must drive “within sight.”
➤ The risk: In cases of death or serious injury, the district attorney’s office is required to initiate an investigation ex officio (offense prosecuted ex officio). Initial and uninformed statements made to the police can have a devastating impact on the outcome of the entire proceedings.
Don’t take matters into your own hands in criminal proceedings
Legal advice from the very first minute is not just essential—it’s crucial—when allegations such as negligent homicide or serious bodily injury are involved. Our attorneys, who specialize in criminal law and traffic law, will analyze your legal situation during an initial consultation and clarify the next steps.
Two men lost their lives in the nighttime accident in Pfyn, and another person was seriously injured. Beyond the human tragedy, such events inevitably raise complex legal questions: Who bears responsibility in such a situation? How should pedestrians behave outside built-up areas? And how—and against whom—do the authorities even conduct an investigation in such a case?
Expert Analysis on TeleZüri
To help the public understand the legal implications of this accident, attorney Füllemann recently gave an expert interview to the television station TeleZüri. The case vividly illustrates the tension between traffic law, criminal law, and complex liability issues.
How should pedestrians behave correctly outside built-up areas?
The Road Traffic Act (SVG) and the Traffic Regulations Ordinance (VRV) provide clear—though often little-known—guidelines in this regard. According to Art. 49 SVG and Art. 46 VRV, pedestrians must walk on the left side of the road when there are no sidewalks. If particular hazards require it—especially outside built-up areas at night—they must also walk in single file.
Walking on the right side of the road is permitted only in exceptional cases, namely when that is the only place to avoid oncoming traffic. This strict requirement to walk on the left serves a fundamental principle of traffic safety: the so-called “walk on the left” rule (“Walk on the left, see the danger”). It ensures that pedestrians can spot oncoming traffic early and get out of the way in an emergency. At night and in bad weather, the principle also applies that lingering unnecessarily on the roadway must be strictly avoided.
Does such an accident automatically lead to a criminal investigation?
Yes. In this type of accident scenario, opening a criminal investigation is not only possible but mandatory—even (or especially) against surviving parties such as the pedestrians involved.
Since this tragedy resulted in fatalities and one seriously injured person, serious offenses subject to ex officio prosecution—such as negligent homicide and negligent infliction of serious bodily injury (under the Swiss Criminal Code)—are at issue. But even setting aside the consequences of the injuries: The underlying traffic offenses (such as a gross violation of traffic rules under Art. 90(2) of the Road Traffic Act (SVG)) are, as a rule, also offenses prosecuted ex officio.
This means that in the case of offenses prosecuted ex officio, it is not up to the victim to decide whether to file a complaint—law enforcement authorities are required to investigate these cases on their own initiative.
When do those involved in an accident come under the scrutiny of the justice system?
The key factor for opening a criminal investigation against a specific person is the existence of what is known as “reasonable suspicion” (Art. 309, para. 1, letter a of the Swiss Criminal Procedure Code).
As soon as there are concrete indications that individual (surviving) pedestrians may have behaved in a manner contrary to the law—for example, by disregarding the aforementioned rule to walk on the left side of an unlit street— the law enforcement authorities will open a formal criminal investigation against these individuals.
💡Background Information: Criminal Proceedings and Traffic Law
When the police investigate an accident, criminal proceedings can begin quickly. Under traffic law, this is often accompanied by administrative proceedings (driver’s license suspension). To learn how these proceedings work and what critical mistakes you should absolutely avoid during initial interviews, check out our guides:
What are a motorcyclist’s responsibilities?
In general, drivers must follow the principle of “driving within sight” when on the road (Art. 32 SVG in conjunction with Art. 4 VRV). This means that drivers must adjust their speed to the circumstances—in particular, the specific visibility and road conditions—so that they can come to a stop in a timely manner at any time within the visible stretch of road.
Since the motorcyclist himself died in this tragic accident, no formal criminal investigation will be conducted against him. Nevertheless, a precise determination of his driving behavior by the authorities remains crucial:
- Contributory negligence: Clarification is essential to reconstruct the exact sequence of events leading to the accident. Only in this way can any (contributory) negligence on the part of the other parties involved be legally and correctly assessed in criminal proceedings.
- Liability: His driving behavior plays a decisive role under civil and insurance law. Even after his death, his motor vehicle liability insurance remains liable for any civil claims—for example, claims for damages and compensation for pain and suffering by the seriously injured person or the surviving relatives.
Conclusion & Legal Assistance
Serious traffic accidents involve a highly complex legal landscape. When public-prosecution offenses such as negligent homicide or serious bodily injury are at issue, a level-headed, objective, and—above all—timely legal assessment is crucial for all parties involved—regardless of whether one is involved as the accused, the victim, or a family member.
Do you have questions about complex traffic offenses, impending criminal proceedings, or insurance claims following an accident? Our attorneys in Winterthur will support you with objective legal expertise and strategic foresight.
We offer a detailed initial consultation (1 hour at CHF 330) either in person at our office or via video call. Together, we’ll analyze your situation and determine the next legal and strategic steps.
FAQ: Frequently Asked Questions About Traffic Accidents Involving Personal Injury
Yes, in practice, almost always. The police must be called in the event of any personal injury (Art. 51 SVG). While a minor injury (such as an abrasion) is a complaint-based offense under the Penal Code (StGB), However, the underlying cause—namely, the traffic violation (e.g., inattention or speeding under Art. 90 of the Road Traffic Act)—is a crime prosecuted ex officio. The public prosecutor’s office is required to investigate this SVG offense ex officio, which is why criminal proceedings are almost always initiated.
In cases of serious personal injury (e.g., broken bones) or death, the authorities are required to investigate charges of negligent infliction of serious bodily injury or negligent homicide in addition to the traffic violation. Since these are strictly ex officio offenses under the German Criminal Code (StGB), the state automatically initiates criminal proceedings following a traffic accident —regardless of whether the victims or their surviving relatives wish to file a complaint.
If there is no sidewalk, the so-called “keep left” rule applies (Art. 49 SVG). Pedestrians must use the left side of the road to spot oncoming traffic early (“Walk on the left, watch for danger”). The right side may only be used in absolutely exceptional cases. At night, pedestrians must also walk in single file outside built-up areas. A violation of these obligations may constitute contributory negligence in the event of an accident.
Yes. Civil and liability claims are independent of criminal proceedings. If the alleged at-fault party dies in a traffic accident, criminal proceedings against them will no longer be pursued; however, their mandatory motor vehicle liability insurance remains liable. It covers legitimate civil claims such as damages, medical expenses, or compensation for the victims.
Matthias Fricker
Attorney and Partner at Fricker & Füllemann Attorneys at Law
Studied at the University of St. Gallen, earning a Master of Laws (M.A. HSG in Law) in 2012; admitted to the bar in the Canton of Zurich; member of the Zurich Bar Association.
Fabian Füllemann
Attorney and Partner at Fricker & Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, earning a Master of Law from the University of Zurich (UZH) in 2013; admitted to the bar in the Canton of Zurich; member of the Zurich Bar Association.
