P obo P v Road Accident Fund (5820/2015)
P obo P v Road Accident Fund (5820/2015) [2017] ZAFSHC 70 (11 May 2017)
The court found that the truck driver parked the vehicle in contravention of Regulation 305(3) of the National Road Traffic Regulations, occupying the prohibited one metre zone from the edge of the roadway and failing to take reasonable steps to warn other road users of the hazard. The evidence established that the hazardous position of the truck was a factual cause of the collision and the fatal result, applying the condictio sine qua non test. The defendant failed to provide any innocent explanation for the violation of the statutory rule, and the insured driver did not testify. The court h…
Source excerpt
- Road Accident Fund Act
- Negligence
- Innocent Third Party Claim
- Statutory Duty
- Apportionment Of Liability