The Arrive Alive website has on numerous occasions been assisted by the experts from Justice Project South Africa when dealing with concerned motorists. Earlier today a regular visitor referrred a query which appeared on My Broadband and we referrred this to our experts. We would like to share the response received.
Question:
Morning guys,
Was in a small accident last night at 19:30 or around that time.
I was standing in a lane at the traffic light which is closed due to road works. There was a female in a car next to me and my indicator was on to change lanes. As the light changed to green she waved me ahead of her so I can get in front of her. All good and well at this stage. Now as I came over to her lane with me pulling a double axle lowbed trailer she followed me and ran into the trailer.
Now the trailer has no damage but it did do some nasty damage to her car from the front passenger door all the way to the front, including the fender.
First thing she says is she didn’t see the trailer.
My problem with this is that I was the one changing lanes and the accident did happen in her lane. Even though she says she didn’t see the trailer can she now turn around and make it out to be my fault?
Answer:
Herewith find the following response:
1. Presumably the trailer attached to the vehicle is a registered and licenced vehicle and is therefore licenced to be operated on a public road.
2. Provided that the trailer was roadworthy and licenced, it would be considered to be of the same status as any other vehicle on the road.
3. Generally when one person drives into another vehicle in front of them, the vehicle doing so is considered to have been the negligent party.
4. It does not matter who claims that the other party was negligent, what matters is how a court sees it.
5. In this case, it has been stated that one motorist waved another into their path and then proceeded to drive into a vehicle that they “didn’t see”.
6. The fact that the driver of that vehicle stated as much does indicate that she had in fact waved the driver towing the trailer into her lane and then proceeded to drive into the trailer.
7. I would suspect that the lady’s insurance company will try and claim that the person towing the trailer was at fault because that is what insurance companies do but what is relevant here is that she allegedly said she “didn’t see the trailer”.
8. If one drives into something because one claims one “didn’t see it”, that is not considered to be an excuse.
9. What is going to be important here is the statements of both drivers and whilst it is conceivable that the lady could turn around and say that the other party just went, it is unlikely that she would say so now after this has happened unless she is advised to do so by someone else – and that would be a lie.
10. I would strongly recommend that the driver of the towing vehicle get it in writing from the other party that he was indeed waved on as this will establish the culpability.
Best Regards,
Howard Dembovsky
National Chairman – Justice Project South Africa (NPC)
Also view:
Can I speed to get away from a driver presenting a road rage risk?