Accordingly, in the case of NGILARI v. MOTHERCAT LIMITED (1999) 13 NWLR (PT. 636) 626; failure of the Appellant in his pleading and evidence to establish that the accident was inevitable due to the diversion created by the construction company; and to explain or expatiate on how the accident occurred were viewed by the Apex Court as evidence that the claimant therein did not exercise due care and attention or with reasonable consideration of other road users or with himself. In effect, in an action for negligence in accident matters, it is crucial to the success of the claim to lead evidence as to how the accident occurred. The plaintiff must also plead and give evidence of how he drove, that is, that he drove carefully, at a reasonable speed, looking out properly on the road; and in such a manner that his action would not have contributed to the accident.
— U. Onyemenam, JCA. P.W. Ltd. v. Mansel Motors (2017) – CA/J/240/2016