The appellant, Matthys Johannes van As, was injured in a motor vehicle collision on 24 February 2004 while driving a Mazda on the N2 highway between Heidelberg and Riversdale. He collided head-on with a truck and tanker combination driven by the insured driver, Mr Cornelius Wentzel, who was travelling in the opposite direction. The collision occurred on the insured driver’s correct side of the road. It was common cause that the appellant was negligent in crossing into the incorrect lane. The appellant alleged, however, that the insured driver was also negligent for failing to take steps to avoid the collision when a potentially dangerous situation was allegedly apparent before impact.