Motor vehicle accidents are unfortunate, costly and at times tragic. Regrettably, they occur often for a number of reasons, ranging from utter carelessness and irresponsibility to unfortunate circumstances. When one is involved in a motor vehicle accident, what is their responsibility, what is legally expected of them?

In this article, we will consider the legal framework and the duty of care that each motor vehicle driver has in the event of a motor vehicle accident.

THE LEGAL BACKGROUND

There is a social contract by all road users in the Republic of South Africa. Such contract is legally regulated by means of laws proclaimed by the national and provincial governments to ensure that every road user, be it pedestrians, cyclists or motorists benefit from using the public roads.

Such Laws, Rules and Regulations are evinced from the fact that all road users must observe the road rules, for instance: all motorists must have a valid driver’s licence. Of mutual application, there are times whereby the Law by means of road rules or signage gives right of way to a particular road user at a time. To illustrate, at a pedestrian crossing, also known as a zebra crossing, pedestrians have a right of way and the other road users must yield to such right when exercised. At certain intersections, another motorist may have a right of way, to which, other motorists must yield or stop when such a right of way is exercised.

At times, motor vehicle accidents occur when others exercise those rights, be it at intersections or other regulated portions of the road. The question arises, are such rights of way absolute? What happens or is expected when a motor vehicle accident occurs where a road user exercises their right of way and the other road users do not accede to such right? Who is at fault, and what are the legal consequences?

THE LEGAL EXPECTATIONS FROM ROAD USERS

The Law places obligations on all road users to ensure their own safety and those of other users for a mutual benefit to the use of the public roads. Such obligation is called the duty of care and it is attracted and assumed automatically by the mere usage of the public road.

When a road user breaches that duty of care, there are legal consequences. They may be in a form of criminal liability and sanctions or delictual liability. The duty is exercised by the motorist acting in a way that a reasonable and prudent driver would act under similar circumstances to avoid causing harm to others. Consequently, a driver breaches their duty of care if they fail to act with the required standard of care, and this failure results in an accident and injury or damage to another person or property given a particular event or circumstances.

Accordingly, the rights that road users enjoy are not absolute. There is no clear right or wrong. With every motor vehicle accident, no matter who had the right of way, the law focuses on the circumstances, at least in as far as civil liability is concerned. Every road user or motorist is expected to exercise the duty of care. In civil cases where damage is caused to the motor vehicle of the other, the law can go as far as apportioning the damages payable according to a certain percentage of fault of each motorist involved, depending on how the duty of care was exercised or not.

Given the foregoing, if you happen to be involved in a motor vehicle accident, it may be prudent to consider how the courts assess the duty of care and exercise of road usage rights as touched upon above. When faced with such a situation, it is advisable to stay at the scene if there are people injured persons and call the South African Police Service and other emergency attendants. Even if you think you are on the wrong, be responsible but remember that there is not always a clear right or wrong person in motor vehicle accidents. So be careful not to hurriedly express any acknowledgement of fault, it is advisable that you consult a legal practitioner to give you advice and opine on whether to concede or not, and if you concede, to what extent depending on any possible apportionment of damages

CONCLUSION

Be careful to avoid motor vehicle accidents and be responsible in your use of the road. Consider the rights of other road users. If you happen to be involved in a motor vehicle accident, report the accident to the authorities. Avoid hastily conceding to liability, that may be used against you in court, rather seek legal advice of an attorney who can assess the circumstances of your accident, the degree of duty of care and possible apportionment of damages.

Reference List:

• National Road Traffic Act 93 of 1996.
• Makamo v Road Accident Fund (2733/2029) [2021] ZAMPMBHC 15 (2 June 2021).