There’s loadshedding (again). The traffic lights are out of order (again). So, you treat the intersection as a four-way stop. You wait your turn, pull away – and bam! Another car didn’t see you approaching from the right, and drove right into you. 100% their fault.
Not so fast, says King Price Insurance client experience partner, Wynand van Vuuren. Although you had right of way, and it was your turn to proceed, this doesn’t automatically mean you’re entitled to 100% settlement of the damages. If you’d kept a proper lookout and driven at the appropriate speed, the incident may have been avoided.
In this case, damages would be apportioned between both parties. The other driver might be held 60% liable for your damages, for proceeding at an inopportune moment, while you could be held liable for 40% of their damages, for failing to keep a proper lookout and take any evasive action.
Sounds unfair? Fact is, when you enter an intersection, whether controlled or uncontrolled, it’s your duty as a driver to be aware of your immediate vicinity – and it’s been well established in our courts.
In the case of Neuhaus vs. Bastion Insurance Company, the judge said: ‘Keeping a proper lookout means more than looking straight ahead – it includes awareness of what is happening in one’s immediate vicinity. A motorist should have a view of the whole road from side to side and, in case of a road passing through a built-up area, of the pavements on the side of the roads as well.’
In the case of Rose’s Car Hire Company (Pty) Ltd vs. Rice, it was held that motorists approaching an intersection where they may reasonably expect traffic to emerge, must be vigilant. ‘They must control their vehicle to be able to avoid such traffic. The fact that an intersecting street is a statutory stop street does not absolve the driver of the vehicle in the through street from his duty to be vigilant.’
“As you can see, every case differs, and damages are apportioned accordingly. But the bottom-line is that you should be super-alert every time you enter an intersection. Even if you have the right to proceed you still have the duty to look out for, and avoid, any hazards,” said Van Vuuren. “If we all do that, there will be fewer accidents on our roads.”