Mthobeni v Road Accident Fund (18/23608)
Mthobeni v Road Accident Fund (18/23608) [2019] ZAGPJHC 389 (18 June 2019)
The court found that the evidence of the insured driver and her passenger was credible and reliable, corroborating that the plaintiff's minibus was stationary at the intersection, intending to turn right, and moved into the insured driver's lane as she was about to pass. The insured driver had the right of way and could not have avoided the collision. The plaintiff's version was found improbable and unsupported by the physical damage to the vehicles and the sequence of events. The plaintiff failed to discharge the onus of proving negligence on the part of the insured driver. The court held th…
Source excerpt
- Negligence
- Motor Vehicle Collision
- Onus Of Proof
- Right Of Way
- Intersection Accident