E-bike rider ran a red light

Illegal immigrant hits woman at crosswalk; no one held liable

At this crosswalk in Vienna’s Landstraße district, the Indian man struck the mother of three at the crosswalk in late 2022. He drove into the intersection on a red light.(Bild: Krone KREATIV/zVg, Gerhard Bartel)

An e-bike rider struck a mother of three at a crosswalk in Vienna, seriously injuring her. Since the Indian man did not have a residence permit, he was deported—even while the victim was still in the hospital. Now the woman has filed a lawsuit against the Republic of Austria.

A mother of three approaches the crosswalk on Neulinggasse in Vienna’s Landstraße district on her scooter and waits with other pedestrians for the light to turn green. Witnesses can no longer say for certain whether she was pushing the scooter or riding it at that moment. It is also irrelevant. Because the cyclist who rammed the woman at the crosswalk with his e-bike at around 40 km/h entered the intersection on a red light.

The victim was thrown to the ground and taken to the hospital with severe head injuries.

Deported to Portugal
It turned out that the e-bike rider was an Indian national who was residing in Austria illegally. “Yet even though there was a risk of flight and the elements of negligent grievous bodily harm under particularly dangerous circumstances would have been met, the man was not taken into custody,” criticizes attorney Rainer Rienmüller, who represents the victim. Instead, the man produced a residence permit for Portugal and was promptly deported there.

At this crosswalk in Vienna’s Landstraße district, the Indian man struck the mother of three at the crosswalk in late 2022. He entered the intersection on a red light.(Bild: Krone KREATIV/zVg, Gerhard Bartel)

This constitutes culpable and unlawful conduct on the part of the authorities. Had a full investigation been conducted, the woman would have been able to assert her claims.

Rechtsanwalt Rainer Rienmüller

His right of residence was not verified, nor was his place of residence established. Nor was it checked whether the man had insurance, income, or assets in his country of origin. The seriously injured woman has no chance of seeking recourse against the speeder.

No pretrial detention, not even a personal record 
Attorney Rienmüller then took an unusual step, one that could prove to be groundbreaking. He is suing the Republic of Austria, represented by the Financial Procurator’s Office, for 31,200 euros. “There has been concrete culpable and unlawful conduct on the part of state authorities. Had a full investigation been conducted, the woman would have been able to enforce her claims,” Rienmüller argued during the hearing at the Vienna Palace of Justice.

“It is impossible for my client to locate the perpetrator.” Not even a personnel file had been created. The lawyer criticizes the fact that there is no state insurance or fund for cases like this.

Obligation to protect citizens?
“We consider the lawsuit to be unfounded,” said the representative of the Financial Procurator’s Office. Government agencies are not responsible for protecting legal claims. “You mean they are not obligated to protect citizens?” replied Rienmüller. “In a situation where the victim is fighting for her life and is completely helpless.” – The verdict in this high-profile case will be issued in writing.