Masilela v Road Accident Fund (23556/2010)
Masilela v Road Accident Fund (23556/2010) [2015] ZAGPJHC 193 (14 August 2015)
The court found that both the plaintiff and the insured driver were negligent. The insured driver, as a professional, failed to take adequate precautions when driving through a crowd of revellers, disregarding the safety of pedestrians and failing to take alternative routes or proactive measures. The plaintiff, meanwhile, failed to keep a proper lookout and did not comply with statutory pedestrian duties, contributing to the collision. The evidence was unsatisfactory and contradictory on both sides, but the probabilities favoured that the accident occurred in the street with the vehicle movin…
Source excerpt
- Negligence
- Apportionment Of Liability
- Road Traffic Act
- Pedestrian Duties