EVIDENCE LAW — Documentary Evidence — Skid Marks — Condition of Road as Precondition to Speed Calculation
Principle Statement
Having regard to the theory outlined in Binghams Motor claims relied upon by the Court below, a vehicle that is driven at 60 miles (100 kilometers) per hour on a dry road when brake is applied will stop at a distance of 172 feet. However, if it is on dry concrete road, it will stop at 134 feet. It must be observed that the most important factor in measuring the speed of any vehicle from the skid marks left behind on the road before finally stopping after the application of brakes, is the condition of the road. ... The condition of the road being dry is a condition precedent to the application of the formula used by the court below in measuring the speed of PW1 the Appellant before agreeing with the submission of the Respondents Counsel that PW1 the Appellant was driving at an excessive speed at the time of the accident. In the absence of this precondition, it is not difficult to see that the decision of the court below that the Appellant was driving at an excessive speed is not supported by evidence at all.
Ratio Decidendi (Source)
Per Mohammed, JSC, in Oshe v. Okin Biscuits Limited & Anor (2010) NLC-123-396-2002(SC) at pp. 9–10; Paras A–D.
"Having regard to the theory outlined in Binghams Motor claims relied upon by the Court below, a vehicle that is driven at 60 miles (100 kilometers) per hour on a dry road when brake is applied will stop at a distance of 172 feet. However, if it is on dry concrete road, it will stop at 134 feet. It must be observed that the most important factor in measuring the speed of any vehicle from the skid marks left behind on the road before finally stopping after the application of brakes, is the condition of the road. ... The condition of the road being dry is a condition precedent to the application of the formula used by the court below in measuring the speed of PW1 the Appellant before agreeing with the submission of the Respondents Counsel that PW1 the Appellant was driving at an excessive speed at the time of the accident. In the absence of this precondition, it is not difficult to see that the decision of the court below that the Appellant was driving at an excessive speed is not supported by evidence at all."
Explanation / Scope
This principle establishes that the condition of the road is a precondition for calculating speed from skid marks. Without proof of a dry road, the formula cannot be applied. The principle applies in negligence claims involving road accidents. It ensures that speed calculations are based on proper evidence. The principle reflects that scientific calculations require proper foundation. It prevents courts from drawing conclusions without the necessary preconditions. The court must require evidence of road condition. The principle provides guidance on the use of skid mark evidence.
