Maila v Road Accident Fund (54320/17)
Maila v Road Accident Fund (54320/17) [2019] ZAGPPHC 584 (13 August 2019)
The court found that the insured driver failed to take adequate steps to warn following traffic of the stationary bus, including not placing warning triangles at the required distance and not moving the bus to a safer location, despite the presence of a dedicated bus lane. The insured driver's evidence was found unreliable and improbable, especially regarding the activation of hazard lights and the placement of warning signs. Independent witnesses corroborated the absence of warning signs and hazard lights. The plaintiff was found to have contributed to the collision by following too closely…
Source excerpt
- Road Accident Fund Act
- Contributory Negligence
- Apportionment Of Liability
- Amendment Of Pleadings
- Warning Signs On Road
- Rear End Collision