A road authority that designs a cross-intersection at a known black spot where a staggered T-intersection was a feasible and safer alternative may be liable as a joint tortfeasor for accidents at that intersection, even where the immediate cause is driver negligence. Foreseeable driver inattention at a dangerous intersection does not break the chain of causation from the authority's negligent design. Section 83 of the Motor Accidents Compensation Act 1999 (NSW) imposes duties on insurers to make payments but does not by implication limit the damages a court may award; constraints on court awards are found solely in Chapter 5 of the Act.
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