How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JJ Your Own Question
JJ, Attorney
Category: South Africa Law
Satisfied Customers: 4502
Experience:  Admitted Attorney 17 years experience
Type Your South Africa Law Question Here...
JJ is online now
A new question is answered every 9 seconds

My wife was involved in a car accident a few months ago. She

This answer was rated:

My wife was involved in a car accident a few months ago. She drove next to a school, where there were speed humps, therefore went slowly. It was a murky rainy day, and there was no stop sign at the intersection. A Stop sign and lines were painted on the road, but only visible if one looked down when at the intersection. I took photographs to prove this. She does not remember if she stopped on not. When she as just about through the intersection, a motor cyclist crashed his motorbike into her left passenger door. He was slightly injured. He was taken to hospital by an ambulance, but was not admitted. He asked for compensation for his medical bills, and my insurance company advised him to lodge a claim with the road accident fund. Perhaps as a result of this, the traffic police have followed up, and taken a statement from my wife. She has now been notified that she is required to appear in court. I am required to make a statement, regarding the photographs I took. What is the worst that they can do? Impose a fine (how much, maximum) ? Send her to prison ? Should I get a lawyer ?

Hi and welcome!

My name isXXXXX you for giving me the opportunity to assist you.

They are probably investigating a case of reckless and negligent driving. This in my view is harsh under the circumstances and usually ends up in a warning if found guilty. The probelm is though that she will have a criminal record, and therefore would suggest that you employ the services of a lawyer to provide the police with statemnents and advise you on what to say and what not, to prevent you from incriminating yourself.

The photos will prove to be crucial and in my view she has a solid dfence in the matter and confident that she cannot be found guilty.

Please ask more if not clear?

Customer: replied 3 years ago.

Thank you for your response. Yes, the charge is reckless and negligent driving. We went to the police station immediately after the accident and reported it. The police have already called her in to make a statement, and she said exactly the same thing again. In both statements she said that she cannot remember if she stopped. We are both extremely honest, and I guess this may count against us. I'm not sure if the motor cyclist even bothered to report the accident in the first 2 weeks after it happened. So we are committed, as far as her statement is concerned.


For my statement, I'm basically going to say that my wife called me when it happened, and I immediately went to where the accident happened. My employer is about 60 km away, so it took about an hour to get there. By this time, the bike had been taken away, and the motor cyclist was already taken to the hospital.


I took the photographs, and then we went to the nearest police station to report it.


I do not see how stating any of the above would do her case harm. Do you ?

Hi Phil

To be honest, no I don't. Just as long as the recollection of events is consistant with what was initially stated.

You will have to wait and see whether charges will be persued by the prosecution authority. Given the circumstances and weather she cannot be blamed for not stopping.

JJ and other South Africa Law Specialists are ready to help you

Related South Africa Law Questions