What is a sudden emergency in a road accident?
The Road Accident Fund exists to assist all road users, including pedestrians and cyclists, should they be injured due to another person’s negligent driving. It is an established principle in our law that, with one or two exceptions, the plaintiff always bears the onus of proving negligence on the part of the responsible driver on a balance of probabilities. One of the main requirements is that the accident should be caused by another person’s negligent driving and a defence of sudden emergency can be raised by a driver. In other words if another person collided with yourself, they may be able to defend themselves by claiming that they were unable to avoid the accident due to circumstances beyond their control.
For more details on the basics of a Road Accident Fund claim visit our website – Click Here
Examples of situations of sudden emergency
A driver confronted with a sudden emergency is one who has neither the time nor the opportunity to weigh the pros and cons of the situation in which he finds himself and has to act in that moment. The defendant must prove that they faced a situation that arose unexpectedly and suddenly and that he or she was not at fault for the situation.
Common examples which can create situations of sudden emergency are:
- Burst tyres or other vehicle malfunctions by no fault of the driver;
- Vehicles losing their loads, resulting in drivers requiring to take evasive action or being unable to avoid a collision whilst on the road;
- Vehicles changing lanes without warning, driving without lights, parking in dangerous areas without adequate warning or emergency lights, dangerous overtaking or driving in oncoming traffic which requires a driver to make a quick decision to avoid a collision;
- Animals, people or vehicles suddenly entering the road requiring drivers to swerve;
- Medical emergency such as having a stroke, epileptic seizure or unconsciousness while driving;
- Severe and unexpected storms, flash floods, slippery roads (such as oil spills) or dust clouds caused by explosions or other vehicles resulting in impossible driving conditions. Icy roads during the winter are not sudden emergencies, because you can reasonably predict ice on the roads. Weather conditions are usually not permissible as sudden emergencies as one needs to take extra caution whilst driving in adverse weather.
- Emergency or police vehicles crossing intersections requiring other motorists to take evasive action;
- Criminal activities, robberies, endangerment of life such as a hijack situation or high speed vehicle chases requiring other motorists to take evasive action or be unable to avoid a collision.
How could this affect my claim?
If a child ran out into the street, for example, and the defendant swerved to miss the child and hit your car, the courts will accept the sudden emergency doctrine as a defence. This would mean that a claimant could not prove that the accident was caused due to negligence of a driver and the Road Accident Fund would then not be liable to provide compensation.
Do I have a claim?
If you are uncertain whether you have a Road Accident Fund claim, feel free to contact us at Paul du Plessis Attorneys for a no obligation cost free discussion on your case. We assist clients on a contingency fee (no win – no fee) basis to allow our clients to have access to otherwise expensive litigation.
Contact our office on 012 809 1588 or send an email to paul@pauldup.co.za