A person must be involved in an “accident” to be entitled to statutory accident benefits from their motor vehicle insurer. In its everyday use the word accident describes an untoward event which is not expected or designed. There are two questions to ask when determining whether an incident is an “accident” under the SABS. First, did an intervening act cause injuries that would not be part of the ordinary use or operation of a vehicle? Second, was the use or operation of the vehicle a direct cause of the injuries?
This article reviews the law relating to the use of demonstrative evidence at trial. Demonstrative evidence includes illustrations, charts, anatomical models and even computer simulated animations.
This article was first published in The Health Professional magazine in September 2011. It reviews the effect of the September 1, 2010 changes to the accident benefits system for health care professionals.