Case Law: Traffic Light Intersections (2)

Robot controlled intersections

The second in our new Series of Case Studies setting out the different scenarios in Motor Vehicle Accidents backed by Case Law…

Case Law:

AA vs Mantji 1980 (1) SA 655 (A)  

Facts:

X was driving his motorcycle and drove over a red traffic light and collided with Y, which was driving over a green traffic light.  MVO consultants Case Law

When Y was approximately 35 to 40 paces from the white line at the intersection, the light turned green for him. As he crossed the white line, he noticed X on his right hand side driving over the red light. Moments thereafter the front of his bakkie collided with the back half of the motorcycle of X on the left hand side.

Held – Court Decision:

On the balance of probabilities, it could not be determined, which of the two vehicles entered the intersection first.

If one accepts that X was first in the intersection, it is still not proven that Y was negligent and if he was negligent, that his negligence contributed towards the collision.

The appeal was successful and the Court ordered absolution of the instance with costs.

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About MVO/VTH admin

Director of MVO Consultants and VTH Consultants, specializing in all Liability Claims, Loss of Income and the investigation of merits.
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