Gatlet v Road Accident Fund (3481/12)
Gatlet v Road Accident Fund (3481/12) [2014] ZAGPPHC 47 (27 February 2014)
The court found that the insured driver, by requesting his passenger to alight from the vehicle at a place where it was forbidden and during heavy traffic, created a dangerous situation for other road users. The insured driver should have foreseen the risk of an accident resulting from his actions. The opening of the door by the passenger was initiated by the insured driver and was wrongful, establishing a causal connection between the driving of the vehicle and the plaintiff's injuries. However, the plaintiff also contributed to the accident by riding his motorbike between cars in contravent…
Source excerpt
- Road Accident Fund Act
- Negligence
- Apportionment Of Fault
- Causal Connection
- Contravention Of Traffic Regulations