The court has given a widow green light to sue the Road Accident Fund (RAF) for her husband's death caused by a tyre that had been left on the road by a negligent truck driver who had a tyre burst.
Louise Hartman had taken the Fund to court for it to determine if the abandoned tyre on the side of the road indeed caused the car crash that killed her husband, Helgaard, on the N7 highway near Malmelsbury, Western Cape, in November 2007. The Fund wanted to be absolved in the matter denying that the tyre caused the single-car accident.
According to judge J Ralarala's ruling, Hartman, who was a housewife at the time of her husband's death, had told the court that she was unemployed and financially dependent on the deceased. She said his passing put her in a difficult financial situation. She wanted to lodge a loss of support claim from RAF, but it was contested based on the facts of the cause of the car crash that claimed Helgaard's life.
Hartman had told the Western Cape High Court that her husband had been travelling from their home to the Cape Town International Airport in the early hours of the morning when Helgaard collided with a tyre which overturned his vehicle. His body was found lying on the side of the road.
Nicholas Fortuin who lives near to the site of the crash testified that he had heard a loud bang around 4am while he was sleeping and when he got outside he found Helgaard's vehicle on the side of the road and a tyre not far from it, read the judgment.
When he saw the body, he called on his wife and children to bring a blanket to cover it. The family of the deceased also came to fetch his belongings including scraps from his car.
Fortuin said he took the old tire home and repurposed it as a flowerpot.
His wife, Michelle, also testified that the day before the accident when she was leaving her house, she saw a truck driver changing his tyre following a tyre burst. When she came back later the truck was gone but the old, damaged tyre was left on the side of the road. However, on the morning of the accident, she observed that the tyre had moved and was now lying on the other side of the road.
“Fortuin also testified that the morning of the accident she noticed the tyre close to the Bakkie and realised that it was the same tyre that had been on the roadway the previous day after the tyre burst. She explained that it was the same size as the tyre she observed the previous day, and that it was large resembling that of a truck,” read the judgment.
Judge Ralarala said the Fortuins were independent witnesses and neither of them have anything to gain from the outcome of the matter.
All the witnesses made a good impression on this court.
“They were credible witnesses, and their evidence was consistent with the pleadings. They were unwavering during a robust cross examination. The court is satisfied that the truth was told... I am satisfied that the Plaintiff [Hartman] has established on the balance of probabilities that the death of the deceased arose out of the driving of an insured vehicle and caused by the negligence of the insured truck driver,” said Ralarala.
The judged ordered that RAF should be held 100% liable for Hartman's damages and that the fund would pay for her legal costs.
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