More in our Series of Case Studies setting out the different scenarios in Motor Vehicle Accidents backed by Case Law…
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.
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.
FORBES-ROSE VS AA ONDERLINGE 1983 (1) 635 (OPA)
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.
X failed to keep a proper lookout and was/is deemed to be solely negligent.