D as is based on a judgment of the Jena Higher Regional Court (Az .: 5 U 797/08), about which the specialist journal 'NJW-Jurisdiction Report Civil Law' reports. The recommended speed on motorway sections without a speed limit in Germany is 130 km /h.
Failure to comply with the recommended speed is not a traffic violation
The plaintiff was in this case drove her car onto a motorway. Despite the low speed, she switched to the fast lane a short time later. A driver approaching in the left lane at about 170 km /h could no longer brake
and collided with the woman's car. She was of the opinion that, because of the high speed, the driving forces were to blame for the accident.
However, the regional judges saw the matter differently: The plaintiff had endangered the approaching traffic through her behavior - therefore she was solely liable. The man did not commit a traffic violation simply because of the speed limit not being observed.