Having just spent ten days travelling extensively in Namibia, I am acutely aware of the dangers of running into animals. There are even warning signs against wart hogs, which I thought would not be a bad thing here, except that it should be against “padvarke”.
This article, published with the kind permission of Millers Incorporated, expands on what you and your clients should do in the case of such an accident.
Motorists on our South African roads are exposed on a daily basis to the very real risk of colliding with an animal. Road signs on our roads warn motorists against anything from penguins to hippos, cattle to porcupines, all which might be found crossing a road somewhere in the country.
Since this could happen to any of us, it’s good to know that there is in fact a legal duty on land owners towards road users to prevent livestock from straying on to the road, either by erecting and maintaining proper fencing and/or to keep any gates giving access to the road closed and locked.
But when a collision with an animal happens the owner of the damaged vehicle needs to do more than just prove that he/she collided with an animal belonging to someone else, or that the animal was the responsibility of another person to keep off the road. The owner of the damaged vehicle also needs to prove negligence on the part of the owner or person in control of the animal and who exercises control over the fence.
Please click here to download the article.
Dit is ook in Afrikaans beskikbaar.
