Jacobs v Road Accident Fund (A402_2008) [2011] ZAGPPHC 121 (13 June 2011).

In the case of Jacobs v The Road Accident Fund, the Plaintiff, Jacobs, sued the Defendant, the Road Accident Fund, for damages resulting from a collision he was involved in as a motorcyclist at an intersection controlled by traffic lights. The collision occurred between Jacobs' motorbike and a Volkswagen Golf driven by Ms. Jannel Burger. The Plaintiff claimed that Burger was solely responsible for the collision due to her failure to keep a proper lookout. Burger, on the other hand, argued that Jacobs was at fault for not keeping a proper lookout. The case revolved around the circumstances of the collision and the duties of drivers at traffic light-controlled intersections, particularly when executing a right turn.

The core legal principle underlying the decision in Jacobs v The Road Accident Fund is that in a collision at a traffic light-controlled intersection, the driver intending to execute a right turn across oncoming traffic bears a stringent duty to ensure it is safe to do so. The driver must wait for an opportune moment and signal clearly before making the turn. Additionally, a driver entering an intersection with a green light has a duty to regulate speed and entry to avoid endangering other traffic that may still be lawfully in the intersection. The decision emphasizes that drivers are entitled to assume that others will obey traffic signals and act reasonably, and they are only required to take precautions against foreseeable contingencies, not reckless driving by others. Ultimately, the court found that the insured driver was solely responsible for the collision, absolving the Plaintiff of any contributory negligence.

The court in Jacobs v The Road Accident Fund referred to the case of S v Van Stryp 1979 (2) 707 (ECD) in discussing the duty of a motorist approaching a green light to anticipate the possibility of it changing to amber and to control their speed accordingly to avoid collisions. The court also cited the case of Doorgha and Others v Parity Insurance Co. Ltd 1963(3) SA 365 (D) to discuss the responsibilities of drivers at traffic light-controlled intersections and the varying obligations depending on the circumstances of each case.

"A driver turning to the right must signal his intention clearly and avoid turning until an opportune moment presents itself."

| Negligence. | Duty of care, proper lookout, foreseeability |
| Traffic Law | Traffic light-controlled intersections       |
| Collision   | Cause of collision, contributory negligence  |
| Intersection | Right turn, duty of driver at intersection   |
| Evidence      | Admissibility, cross-examination             |
| Liability    | Apportionment of damages, sole responsibility|