Who’s Liable for Road Accidents Due to Traffic Lights Being Out During Loadshedding?

If you’re involved in a road accident at an intersection where the traffic lights are out during loadshedding, you could be found liable – even if it was your right of way.

In this article, we explain:

• motorists’ responsibility
• your right of way and liability
• when someone directs traffic flow
• compensation for injuries
• partial liability and RAF compensation
• driver safety tips.

Responsibility of motorists when traffic lights aren’t working

If traffic lights aren’t working, all motorists must proceed as if they’re at a three- or four-way stop. The first car to arrive at the stop sign gets the right of way.

All motorists should move forward in the order they arrive. If you approach a four-way stop and there’s one car at each stop street, you must wait for every car to go before you do.

If there are queues at the stop, vehicles still move by the rule – first come, first proceed.

What if there’s an accident but it was your right of way?

It may not seem fair, but even if there’s an accident when it was your right of way, you may not be absolved from all liability.

South African courts have established the fact that drivers have a duty to be aware of their immediate vicinity when entering an intersection, whether it has robots or not, and even when they’re not working.

If another motorist, whose turn it isn’t, shunts you from the side, you’re not automatically entitled to 100% damages.

According to 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 such an instance, damages would be apportioned between both parties. The other driver, who didn’t wait his turn, might be held 60% liable for your damages, but you could be on the line for 40% of that driver’s liability.

According to courts, keeping a proper lookout means more than looking straight ahead. It also includes an 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 of any pavements.

Van Vuuren says motorists must remain super-alert every time they enter an intersection.

Issue of unauthorised people directing traffic flow at intersections

It’s increasingly common in South Africa to see well-meaning civilians directing traffic at robots that are out during loadshedding.

Motorists must be aware that it’s against the law for any unauthorised person to direct traffic. No person, other than authorised officers, can direct traffic.

If you’re in an accident because you followed the directions of an unauthorised person, you may be in the wrong and your insurer might not pay out.

Most insurers assess the claim based on the circumstances of the accident. Irrespective of who is directing traffic, a driver must have exercised due care and attention, taken reasonable precautions to avoid the accident and not broken the law.

Compensation for injuries in road accidents

If you’re injured in a road accident in South Africa that was not your fault or only partially your fault, you can claim compensation for those injuries from the Road Accident Fund, a state-funded insurance fund.

Compensation can cover medical expenses, loss of earnings and, in specific circumstances, general damages resulting from the accident. Dependents of people injured or killed in road accidents can also claim loss of support and, in the event of a fatality, funeral costs.

How partial liability for an accident affects Road Accident Fund compensation

The RAF provides personal injury compensation to people injured in motor vehicle accidents providing the claimant wasn’t entirely responsible for the accident. Drivers, passengers, pedestrians, cyclists and motorcyclists can all claim from the RAF.

If a person was partially responsible for the accident, the amount of damages recoverable is reduced by the extent to which the claimant’s fault contributed to his or her damages. This is called apportionment of damages.

The RAF will not be liable for the percentage of damage representing the claimant’s own negligence. So, if you are 60% responsible for an accident, the RAF will only be responsible for 40% of your damages.

General driver safety tips during loadshedding

During loadshedding, it’s even more necessary than ever to be vigilant on our roads. Traffic flows worsen without traffic lights.

Staying safe depends on driving attitude, as well as habits. Follow these safety tips, based on advice from Arrive Alive, to get safely to your destination:

1. To avoid the urge to rush, plan your route and leave early to avoid heavy traffic periods.
2. Be extra cautious at faulty traffic lights. Remember that if a traffic light is out for any reason, an intersection must be treated like a three- or four-way stop. Even if there is no traffic from other roads, you must stop.
3. Make sure other vehicles are stationary before you pull away from a four-way stop.
4. If the vehicle in front of you crosses the intersection, you must allow the vehicles at all the other stops to enter the crossing before you proceed.
5. Be polite and proceed cautiously but swiftly.
6. Never tailgate the vehicle in front of you.
7. Turn on your vehicle’s headlights to make your vehicle more visible.