Claiming for Injury Due to Badly Maintained Roads

In South Africa, our road quality has been steadily deteriorating over the past decade. Poor road maintenance that results in potholes and other surface defects contributes to road accidents, as well as damage to vehicles.

According to UCT’s School of Economics, South Africa is facing a national backlog of more than R420 billion in road maintenance.

Below, we cover:

• how bad the road maintenance situation is getting
• consequences of poor road maintenance
• claims in the event of injury caused by bad roads
• what to do to support a claim.

Just how bad the potholes are getting in South Africa

Potholes are such a pervasive problem on South African roads, they outnumber the country’s 18.5 million households by a significant margin. According to the Automobile Association (AA), there are at least 25 million potholes countrywide.

In KwaZulu-Natal, the provincial government has set aside R216 million to tackle an estimated backlog of 3.12 million square metres of crumbling roads. In South Africa’s richest province, Gauteng, 65% of the road network is in shocking condition, with around 2,900 tracts of tarred road virtually impassable.

It is not only the cost of repairs that’s depleting the tax coffers. As reported by IOL, the South African Roads Agency Limited (SANRAL) has paid out more than R15 million in compensation for damages caused by potholes over the past 24 months.

An elderly couple and their grandchild suffered moderate injuries when their car overturned after driving into a pothole on the R102 in Durban North.

In April 2025, two people were injured when the driver of a vehicle hit a pothole in a residential area in Johannesburg, lost control and drove into a tree. The car was a write-off.

Also in April 2025, a motorbike delivery rider died when he collided with the car ahead of him in North Riding, Johannesburg. The car braked to avoid a large pothole in the road.

What is causing road deterioration in South Africa?

The neglect of tarred and gravel roads across South Africa has led to a backlog that’s making it near impossible for local municipalities to get back on track.

Wear and tear on roads from constant use is normal. When road maintenance falls behind schedule, however, it can lead to recurring potholes, cracks and poor road surfaces.

Along with a maintenance backlog, a steady increase in the number of vehicles is adding to the stress on South African roads.

Consequences of poor road maintenance

Failure to maintain roads, leading to compromised road surfaces, can cause road accidents.

Large potholes can cause people to drive on the wrong side of the road, lose control of their vehicles or swerve suddenly.

Slippery surfaces and loose gravel causes cars to skid, especially during panic braking.

Poor road maintenance can cause significant damage to vehicles.

Uneven surfaces and potholes can dent wheel rims and cause undue wear to suspension, alignment, tyres and shocks.

Prolonged driving on uneven surfaces can lead to fluid leaks from the engine.

Claims in the event of injury caused by bad roads

If you are injured in an accident as a direct result of poor road maintenance, you may be able to claim damages from the authority responsible for the road’s upkeep.

This applies especially if proof of negligence can be supplied. An example is if defective road conditions, like potholes, were previously reported to authorities but not fixed.

In the case of national roads, claims may be made against the South African National Roads Agency (SANRAL), or the relevant responsible provincial MEC.

For damages sustained on municipal roads, the relevant local municipality or department of public works may be liable.

If you’re physically injured in a road accident you weren’t solely responsible for causing, you may also qualify for compensation from the Road Accident Fund (RAF), if the collision was caused partly as a result of negligent driving and partly as a result of the relevant road defect.

Depending on the circumstances of a case, the RAF may pay compensation for:

• past and future medical expenses
• loss of income
• loss of support (if a family breadwinner dies in a road accident)
• general pain and suffering (in the case of serious injuries).

What to do to support a claim if you’re injured due to badly maintained roads

Contact an attorney as soon as possible after an accident occurs.

If possible, record details of the incident, including photos of the accident, damage to vehicles and the road surface. It’s important to document the road conditions that caused the accident.

Record the names and contact details of any witnesses who can corroborate the details of the accident and attest to the fact that it was caused by poor road maintenance.

Recent examples of successful claims

In June 2025, the North West High Court ordered the MEC of the Department of Public Works, Roads and Transport to pay more than R26.6 million compensation to a motorist involved in a pothole-related accident.

The plaintiff, a professional nurse, suffered horrific injuries, is now a paraplegic and requires constant care.

A 53-year-old Johannesburg man was injured in 2010 when the motorbike he was riding hit a pothole. He claimed R1,328,990 in damages from the City of Ekurhuleni, but passed away soon thereafter. He was substituted by the executor of his estate.

The matter was concluded in 2024 when the judge ordered the city to pay R751,035 in compensation to the estate – R600,000 for general damages and R151,035 in respect of past medical and hospital expenses.

A Free State woman, Masenemi Puseletso, was injured when the car she was travelling in hit a pothole on the R34. The Bloemfontein High Court found the MEC of Community Safety, Roads and Transport 100% liable for the accident. Damages are still to be decided.