If two vehicles collide and one of them is reversing, who is to blame? In South Africa, the answer is not always as simple as “the reversing vehicle”.
It is one of the most heated arguments whenever a crash video lands on social media.
One driver is reversing. Another vehicle moves into the area behind it. There is a bang, panels are damaged and within seconds the comments section has reached a verdict:
“The reversing vehicle is wrong.”
But is that always the case?
What does South African law say about reversing?
The National Road Traffic Regulations place a clear responsibility on anyone reversing.
A driver may not cause a vehicle to travel backwards unless it can be done safely. The driver must also not reverse for longer than reasonably necessary for the safety or reasonable convenience of other road users.
That means a driver cannot simply select reverse and assume that everyone else must stay out of the way.
A reversing driver must take reasonable steps to make sure the manoeuvre is safe.
But that does not mean the other vehicle automatically gets a free pass.
The circumstances can change everything
Consider a truck reversing slowly into a parking bay.
Another vehicle approaches and attempts to park in the space next to the truck while the truck is still reversing.
If the other driver could clearly see the truck reversing, had enough room to stop and nevertheless moved into its path, the circumstances become very different from a truck suddenly reversing into an unsuspecting vehicle.
The question becomes:
Did both drivers contribute to the collision?
That is where the law becomes more interesting than the comment section.
A South African court has considered this exact principle
In Kruger v Road Accident Fund (18283/18) [2022] ZAGPPHC 112, the High Court dealt with a collision involving a vehicle that had been parked in a parking bay and then reversed into the street.
The court emphasised the responsibility on a reversing driver to keep a proper lookout. In that particular case, the court found that the driver had reversed without a proper lookout and was 100% responsible for the collision.
However, the judgment also considered earlier authorities dealing with situations where another road user can potentially be contributorily negligent when placing themselves behind a reversing vehicle in circumstances where the reversing driver could not reasonably observe them.
So the important point is this:
Being in reverse does not, by itself, determine the entire question of liability.
When is the reversing driver likely to be wrong?
A reversing driver is likely to face serious trouble when they:
– Reverse without checking properly.
– Reverse into a vehicle that was already stationary.
– Continue reversing despite being warned of an obstruction.
– Reverse into traffic without making sure the manoeuvre is safe.
– Have a clear view of the area but fail to keep a proper lookout.
– Rely entirely on the assumption that other road users will avoid them.
This is particularly important for truck drivers because a heavy vehicle can have substantial blind spots.
But can the other driver also be wrong?
Potentially, yes.
If another motorist:
– Drives into the path of a clearly reversing vehicle;
– Attempts to squeeze past a reversing truck;
– Moves into a parking area while another vehicle is already manoeuvring;
– Fails to keep a proper lookout; or
– Could reasonably have avoided the collision,
then their own conduct may have to be considered.
That does not mean the reversing driver is automatically off the hook. It means the circumstances of the collision must be examined as a whole.
So who is wrong?
There is no magic rule that says:
“Vehicle in reverse = automatically 100% at fault.”
The reversing driver has a specific duty to make sure the manoeuvre can be performed safely.
But the other driver also has a duty to drive with reasonable care and keep a proper lookout.
That is why two seemingly similar reversing crashes can produce very different findings of liability.
And that is also why judging a crash from a few seconds of video can be dangerous.
What should you look for in a crash video?
Before deciding who is wrong, look carefully at:
1. Who started moving first?
Was the vehicle already reversing before the other vehicle entered the area?
2. Could each driver see the other?
Blind spots, mirrors, camera views and obstructions can be important.
3. Was either vehicle stationary?
A stationary vehicle being struck is very different from two vehicles moving into each other’s paths.
4. Did either driver have time to stop?
If a driver could clearly see an impending collision but continued moving, that can become important.
5. Was someone directing the manoeuvre?
For trucks, a banksman or other person assisting with reversing can become relevant to understanding what happened.
6. Was the other vehicle trying to enter the reversing vehicle’s path?
This is particularly important in parking-area collisions.
The bottom line
The next time you see a truck reversing into another vehicle, don’t be too quick to type “reversing vehicle’s fault”.
Sometimes it will be.
Sometimes the evidence may point to shared responsibility.
And in some circumstances, the other driver may have played the decisive role in causing the collision.
The law looks at the conduct of the drivers and the circumstances that led to the crash, not simply which gear the vehicle was in.
So, SA Trucker readers:
If a vehicle is reversing and another vehicle moves into the space behind it and they collide — who is wrong?
That is the real question.
And judging from the arguments these videos generate, South African motorists clearly don’t all have the same answer.
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