Case Law: T- Junction

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

Case study:

X approached a T-junction. He noticed vehicle Y approaching on his right hand side. X misjudged the speed of Y and turned to his right, right in front of Y and Y collided with X.

Legal principles:

A motorist travelling in the main road has the right of way to keep on course with the expectation that traffic from a side road will not move across his lane of travelling.

A reasonable driver approaching a T-junction will consider it quite possible that a vehicle can drive behind the front oncoming vehicle and be invisible to him.  

Case Law:

FORBES-ROSE VS AA ONDERLINGE 1983 (1) 635 (OPA)

Facts:

X approached a T-junction from a secondary road at night. He wanted to turn right in the main road (a gravel road). He pulled away and turned in front of oncoming vehicle. That vehicle however avoided the collision by swerving out. Motorcycle driver Y who drove behind the first vehicle and was invisible due to dust and darkness, collided with X.

Held:

X failed to keep a proper lookout and was/is deemed to be solely negligent.

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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.
This entry was posted in Case Law, Motor Vehicle Accident Investigations, T-Junctions and tagged , . Bookmark the permalink.

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