Förtroende för förare - En undersökning om förtroendegrundsatsens tillämpning i trafiksituationer

Sammanfattning: When in traffic, a road user is expected to pay attention to the behavior and actions of others in order to avoid accidents. In other words, there are plenty of risks in traffic, many attributable to other drivers. In a negligence assessment, however, there are a number of risks that can be ignored when it comes to the actions of others. This follows from the "principle of trust" - when assessing negligence, one should disregard risks that come from the irrational actions of others. The purpose of the essay was to investigate how the application of the principle in traffic matters relates to irrational actions. The essay involved a number of legal cases and to some extent doctrine to exemplify the application of the principle, thus presenting a picture of what lies outside the assumption of the principle. In the analysis, it was established that sudden and risky maneuvers and deviations from traffic rules constitute typical irrational behavior as referred to in the assumption of the trust principle. It was further emphasized that in cases where a road user has reason to believe that a fellow road user will not act rationally, certain consideration must be taken to avoid liability.