Many lawyers are often challenged with the question “Who is to blame for causing a road crash/ accident?”. It is important to understand that this is not something comment on without all the evidence at hand. Too often do people want an answer over the phone based on their allegations of the facts.
It helps though if there are dashboard camera recordings and CCTV footage of the specific incident. The Oudtshoorn Courant shared footage of one such road crash that occurred at 7h00 in the morning at the intersection of Victoria and Baron van Reede Streets. There were, fortunately, no injuries.
This is an excellent example of why there is an “apportionment of blame”. For a discussion on this view:
Who is to blame for the crash? What should the apportionment of “blame” be? https://t.co/28Uovvr8Ot #ArriveAlive @OudtshoornC pic.twitter.com/MBOlKiYElc
— Arrive Alive (@_ArriveAlive) May 10, 2018
We referred this to well-known road crash lawyer Corne van de Venter for feedback:
“Thank you for sending this specific video to me to respond about liability of the 3 drivers we can see in the video.
Firstly, the white vehicle whom was an innocent party to the accident and should be compensated 100% of his damage.
Then the negligent driving of the driver who is making a righthand turn in front of oncoming traffic, case law is clear that this driver should bear the brunt of the liability and that can be as much as 80% of all the damage caused in the accident.
The law also does not absolve the driver who had right of way and any thing from 20% to 50% can be apportioned in his claim for damages.
In the current video, writer is of the opinion that he driver coming through was speeding under the circumstances, collided with the left back of the other driver and did not keep a proper lookout for traffic, makes him more negligent and writer is of the opinion that a 60/40% apportionment on the side of the driver of the white motor vehicle.
We have to asses every situation on the facts and trust this gives some indication on the factors the court would take into account when apportioning the blame.”