Court rules pothole accident victim can claim from province
Petrus Jacobs argued that the North West roads department had a legal duty to keep the road in a state of good repair and ensure the safety of users
14 March 2024 - 12:15
by Staff Writer
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A civil engineer with a good driving record won the right to claim damages from the North West roads department after sustaining injuries in a crash caused by a pothole.
Petrus Jacobs was travelling on a gravel road between Klerksdorp and Ventersdorp, which connects Opraap and Sterkstroom, in April 2018. This road is used if there are roadworks on the main road or the main road is inaccessible, the Mahikeng high court heard.
Jacobs called several witnesses who testified there were multiple potholes on the road. Some were about 20mm to 30mm deep and 500mm wide.
Previous complaints were made to local authorities about the condition of the road but these went unheeded.
He lost control of his vehicle after driving directly into one of the potholes, colliding with a tree on the side of the road. He sustained various fractures, contusion of the lungs and soft tissue injuries.
This was despite driving at a moderate 80km/h with his vehicle and tyres in good condition. There were no visible warning signs.
Jacobs argued that the department had a legal duty to maintain the road, keep it in a state of good repair and ensure the safety of road users.
The department, represented by the MEC’s office, did not call witnesses and failed to oppose those who testified for Jacobs, judge Sandisiwe Mfenyana found. Instead, it proffered a bare denial and argued that the accident could have been caused by the negligence of the motorist by failing to keep a proper lookout, driving at an excessive speed and failing to avoid the accident when he could have done so.
Jacobs disputed this, saying he was a cautious driver who had not received any traffic fines.
On whether he should have kept a proper lookout, the judge said this should be viewed against the information available to him at the time of the accident and the evidence to court was there were no road signs.
“The picture painted by [his] witnesses is that the road was in a state of disrepair with no signs erected to warn road users of any hazard and speed limits. The photographic evidence presented is proof of this. This evidence remains unchallenged as the [department] opted not to call a corresponding expert to counter the evidence.”
She ruled the department was negligent in failing to maintain the road and keep it in a state of repair. As a result, it is liable for 100% of Jacobs’ proven or agreed damages.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Court rules pothole accident victim can claim from province
Petrus Jacobs argued that the North West roads department had a legal duty to keep the road in a state of good repair and ensure the safety of users
A civil engineer with a good driving record won the right to claim damages from the North West roads department after sustaining injuries in a crash caused by a pothole.
Petrus Jacobs was travelling on a gravel road between Klerksdorp and Ventersdorp, which connects Opraap and Sterkstroom, in April 2018. This road is used if there are roadworks on the main road or the main road is inaccessible, the Mahikeng high court heard.
Jacobs called several witnesses who testified there were multiple potholes on the road. Some were about 20mm to 30mm deep and 500mm wide.
Previous complaints were made to local authorities about the condition of the road but these went unheeded.
He lost control of his vehicle after driving directly into one of the potholes, colliding with a tree on the side of the road. He sustained various fractures, contusion of the lungs and soft tissue injuries.
This was despite driving at a moderate 80km/h with his vehicle and tyres in good condition. There were no visible warning signs.
Jacobs argued that the department had a legal duty to maintain the road, keep it in a state of good repair and ensure the safety of road users.
The department, represented by the MEC’s office, did not call witnesses and failed to oppose those who testified for Jacobs, judge Sandisiwe Mfenyana found. Instead, it proffered a bare denial and argued that the accident could have been caused by the negligence of the motorist by failing to keep a proper lookout, driving at an excessive speed and failing to avoid the accident when he could have done so.
Jacobs disputed this, saying he was a cautious driver who had not received any traffic fines.
On whether he should have kept a proper lookout, the judge said this should be viewed against the information available to him at the time of the accident and the evidence to court was there were no road signs.
“The picture painted by [his] witnesses is that the road was in a state of disrepair with no signs erected to warn road users of any hazard and speed limits. The photographic evidence presented is proof of this. This evidence remains unchallenged as the [department] opted not to call a corresponding expert to counter the evidence.”
She ruled the department was negligent in failing to maintain the road and keep it in a state of repair. As a result, it is liable for 100% of Jacobs’ proven or agreed damages.
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