Road Accident Fund v Jason King Grobler

The respondent, Jason King Grobler, was severely injured in a road accident on 4 September 1999 while riding a motorcycle on the road between Pretoria/Tshwane and Hammanskraal. An insured driver, driving a Nissan Skyline, overtook a stationary Isuzu bakkie and entered the incorrect lane of travel, directly into the path of the respondent. When the insured driver failed to return to his correct lane, a sudden emergency arose with the vehicles between approximately 50 and 100 metres apart. The respondent swerved to his incorrect lane to avoid a collision, but the insured driver simultaneously swerved back, resulting in a head-on collision. The Road Accident Fund conceded negligence on the part of the insured driver but alleged contributory negligence by the respondent. The High Court found the insured driver solely negligent and awarded substantial damages to the respondent. The RAF appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

This case is significant for reaffirming the application of the sudden emergency doctrine in South African delict law. It clarifies that a driver or rider faced with an imminent danger not of their own making will not be held negligent merely because, in hindsight, a different evasive action might have avoided the collision. The judgment is frequently cited in Road Accident Fund litigation concerning contributory negligence.