Whether the first instance wrongly established the facts and whether an expert opinion was needed
The factual findings were not erroneous; the appellant was inattentive, and further expert evidence was unnecessary.
The court accepted that the vehicle ahead was driving normally on the right lane at about 95 km/h. Given the ordinary motorway conditions, good visibility, dry road and the appellant's late perception of the car ahead, he should have been able to brake in time or change lanes. The version advanced by the appellant was unsupported.