De Kock v Road Accident Fund (17211/2018)
De Kock v Road Accident Fund (17211/2018) [2024] ZAWCHC 86 (20 March 2024)
The court found that both the insured driver and the plaintiff were negligent. The insured driver failed to keep a proper lookout and did not indicate his intention to turn right, thereby failing to warn following traffic and observe the plaintiff in his mirrors. The plaintiff, however, was also negligent by overtaking on a painted island, failing to keep a proper lookout, and not maintaining a safe following distance. The evidence established that the plaintiff could have avoided the collision had she been attentive to the insured driver's actions. The court rejected the argument that the in…
Source excerpt
- Contributory Negligence
- Road Accident Fund Act
- Apportionment Of Damages
- Proper Lookout
- Overtaking
- Traffic Regulations