MOTORISTS’ RISKS

Sun (Auckland), Volume III, Issue 711, 10 July 1929, Page 14

MOTORISTS’ RISKS

WHAT IS NEGLIGENCE? RIGHTS AND LIABILITIES Responsibilities aDd rights of motorists on the highway were defined by Mr. E. G. Sellar, addressing the Karangahape Road Business Promotion Society on negligence in motoring at a luncheon yesterday. "The law requires the motorist to exercise the care in driving that is expected ot a reasonable man,” the speaker declared. In extreme emergency, a driver is not liable for accident if he does not rake the best course under the circumstances. An action falling short of perfection is not negligence. The cardriver, nevertheless, has to observe general conditions of keeping a good look-out, give warning, and use ordinary skill and care. Generally, a driver is required to keep to the left, but if the route is clear he can use any part of it. A man who drives on the correct side at an excessive speed, and comes into collision with another car being driven on the wrong side, cannot recover damages, as the former is guilty of contributory negligence. ‘‘A man is not liable for the consequences of an error of judgment in law,” said Mr. Sellar, "but I do not think the courts make enough of this aspect in deciding accident cases.” The motorist is liable for injury to any friends whom he may have given a lift. Likewise, a car owner, who allows a prospective purchaser to drive, is responsible for any act of the driver in his presence. Driving at 10 to 12 miles an hour on a wet, windy night, has been held to be negligence. The driver is required to give warning of approach, but there is uo such obligation if the persons ahead have adequate time to avoid the collision. It is also possible that negligence may be established against a catdriver whose car has been left parked on a hill, carefully braked, if the brakes are released by an inquisitive' boy.