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Past Issues

August 2005

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FleetWatch asked Sid Beeton of Dalys & Associates - insurance brokers, risk and claims managers - to explain what the insurance implications are for vehicles involved in accidents which occur in poor visibility, particularly in multiple collisions such as reported on the article headed 'Beware the Fog' featured elsewhere in this edition. 

The N3 Highway is notorious for the number of serious accidents which occur on the edge of the escarpment due to low visibility in misty conditions. There are, obviously, also other danger spots such as that featured in your article titled 'Beware the Fog'. Insurance policies are not specific on accidents which occur in such conditions which require due care to be taken to avoid accidents or loss.

Unless the driver is the actual insured person, it is highly unlikely that a Motor Insurance Contract would not respond to an accident causing loss or liability, even in the worst visibility conditions. Given that under a comprehensive insurance policy accidents in poor visibility will be covered, it is still vital for transporters to train their drivers adequately and to instruct them on safe driving in poor visibility. The obvious avoidance techniques in order to reduce the probability of loss include the following:

1. Reduce speed.

2. Increase following distance.

3. Be as visible as possible i.e. utilise all vehicle lights.

4. If visibility is so poor that it is dangerous to continue, find a safe parking zone well away from the road traffic and only travel further once the conditions improve.

5. Accidents in poor visibility often involve multiple vehicle collisions and in such instances, it becomes a legal nightmare to untangle the liability disputes which are sure to follow. In terms of legal liability, there is usually a prima-facie case against the owner/driver of a vehicle which collides with the rear of another road user's vehicle. In poor visibility conditions, there might be mitigating circumstances but it is still the duty of a truck driver to only proceed with his journey when the probability of an accident is not extreme.

Another problem that can arise is that it is difficult to quantify damages as often there are a number of incidences which make up the final accident such as when two trucks might collide in the mist. Obviously, the truck at the back of this accident would normally be liable for the damage to the truck in front. However, while these vehicles are stationary, it is often the case that further vehicles collide with the back of the already damaged vehicles. In such circumstances, it becomes difficult to separate the cost of the damages for each different incident as there might well be more than one legal entity who is responsible for the overall damage to a single vehicle.

There is also the chain of actions which occur when a heavily laden truck might run into a line of vehicles that are stationary or proceeding slowly causing multiple collisions and therefore, the owner of that particular truck could be held responsible for the damages to all the vehicles in the chain accident. 

The questions your readers will obviously ask is: What can be done to minimise the financial fall out in such circumstances and to recover from other truck owners and/or motorists the cost of your own damages when your driver is not responsible for the accident?

Firstly, one should ensure that you have adequate liability insurance. There are still motor insurance policies in the market for truckers with limits as low as R1-million and this is clearly not sufficient to cover the fall out following a major accident. Hazchem operators are particularly exposed to additional clean up costs and the consequential losses which can occur when a Hazchem load is involved in a multiple vehicle accident. Limits of R10-million and more should be arranged in such circumstances.

Secondly, drivers should be instructed to obtain witness details and to record all licence plate details and other relevant information regarding the owners of vehicles involved in the accident whether they were directly involved or further down the chain.

Thirdly, for Hazchem operators, ensure that you have a contract or arrangement with a spill response company to ensure that these costs are controlled as they can run out of control if left to the provisional administration or other highway controlling authorities.

Finally, if the incident is major and there are extensive potential liabilities and/or clean up costs, ensure that you employ the services of a competent accident reconstruction expert. Most SAP accident reports contain very little information and are usually only a recording of the facts after the event without much on site investigation.

An accident investigator will visit the scene of the accident, take photographs, obtain witness statements, discuss the loss with authorities that were on site and take measurements regarding skid marks etc. This information is vital when faced with legal liabilities and claimants from a number of outside sources.

Although most of these comments and suggestions seem like common sense, in practical terms very few of these recommendations are carried out and Insurers are faced with the difficulty of unravelling the legal tangle which can ensue following multiple vehicle accidents, particularly in poor visibility.