The Road Accident Fund (RAF) was established to compensate victims of road accidents in South Africa, including pedestrians and their families.
RAF claims for pedestrians are subject to the same time limits as other RAF claims.
Pedestrian injuries and fatalities in South Africa
An alarming percentage of people who are injured or die on South African roads are pedestrians. Arrive Alive puts this figure at 35 to 40% of all road accident victims.
This high percentage is attributed to a number of factors, including drunk driving and poor pedestrian infrastructure.
Over the 2017/8 festive season, 37% of all road deaths were pedestrians. This was a 3% increase from the figure for the previous year’s festive season.
Claiming from the RAF
Pedestrians injured in road accidents can claim from the RAF for:
- past and future medical expenses
- past and future loss of income due to injury
- general damages for pain and suffering or disfigurement.
Since August 2008, general damages are paid out only in the event of serious injury.
In the event of a pedestrian being killed in a road accident, the family may claim for loss of support and funeral costs.
Examples of RAF payouts for pedestrians
In 2014, a 21-year-old man was hit by a car while he was walking alongside the road in Mpumalanga. The accident resulted in major leg injuries including an above-knee amputation.
The man was awarded R1,519,880.
Another case saw a mother make claims against the RAF after her child was hit by a car. The three-year-old sustained brain injuries and a leg fracture for which she was hospitalised for a month.
Her mother was awarded R2,039,259 from the RAF for medical expenses, general damages and loss of income.
In a RAF pedestrian claim that proceeded to the High Court, a young girl was awarded R5,995,031 after being hit by a taxi.
She was walking to school along the pavement when the taxi hit her, causing serious injuries.
Original Article By DSC Attorneys.