South African roads are among the most dangerous in the world, with thousands of accidents occurring annually.
Motorcyclists are particularly vulnerable to serious injury because there’s no protective barrier between them and the road.
A high percentage of motorcycle accidents are the fault of another driver, making it especially important for motorcycle riders to know their rights in the event of an accident.
According to statistics released by the Road Traffic Management Corporation, there were 2,818 fatalities involving motorcycle accidents between January and March 2024. That’s a 12.81% increase over the same period in 2023.
Motorcycle accident claims
With the high risk involved in riding a motorcycle, accident victims often sustain severe injuries, resulting in a loss of income and hefty medical expenses.
If you’re injured in a motorcycle accident that wasn’t the result of negligence on your part, you can claim compensation from the Road Accident Fund (RAF). For a claim to succeed, it must be properly substantiated.
Claims for delivery driver accidents
Road accidents involving delivery drivers are a growing concern.
Given the amount of time spent on the roads, the heavy, often uneven loads the motorbikes bear, and the tight delivery turnaround times, it’s unsurprising that the annual death toll is reported to be at least 70 riders. Hundreds more suffer serious injuries.
Delivery drivers, as with all road users, can claim compensation from the RAF. The only proviso is the injuries sustained are not due to an accident caused by rider negligence.
They may also qualify for compensation from an employer, depending on the nature of the relationship.
What compensation you can claim
When injured in a motorcycle accident, the following types of damages can be claimed from the RAF:
- past and future medical expenses
- loss of income
- general damages in respect of pain, suffering, disfigurement or loss of enjoyment of life and/or life expectancy.
Examples of pay-outs for motorbike accident claims
In 2023, the Western Cape High Court ordered the RAF to pay R11,638,902 to a 28-year-old man, who was left permanently disabled after a motorcycle accident.
Christiaan Alberts was attempting to avoid an oncoming car on a blind corner on the Franschhoek Pass when the accident occurred.
The court awarded R315,723 for past medical expenses, R8,823,179 for past and future loss of earnings, and R2,500,000 for general damages.
In 2018, following a collision with a stationary vehicle, motorcyclist M Moloi suffered serious injuries to her hands and arms.
She was forced to swerve into a vehicle parked on the side of the road when a car, travelling in the opposite direction, veered into her lane.
The High Court in Bloemfontein found the RAF liable for total damages of R6,813,470.
The plaintiff was riding a motorcycle when an oncoming vehicle suddenly made a turn in front of him. He had no time to take evasive action and a collision occurred.
Nyathi Mqondise sustained lacerations to the face and fractured a wrist. He had previously been employed as a packer and delivery driver.
The Gauteng High Court awarded a sum of R91,818 in respect of the accrued past loss of income. Total damages are still to be decided.
In 2018, a minibus taxi collided with a motorcycle ridden by the plaintiff on the intersection of Empire Road and Jan Smuts Avenue in Johannesburg.
The victim suffered multiple fractures, lacerations and internal injuries as a result, and spent several days in intensive care in hospital.
After determining liability, the court awarded a total of R4,605,138. Damages were calculated at R566,454 for past hospital costs, R256,429 for past medical expenses, R3,032,256 for past and future loss of earnings, and R750,000 for general damages.
Steps to take if you’re in a motorcycle accident
Accidents are traumatic, and it’s often difficult to remain calm at the scene. What’s important is safety comes first.
If your vehicle is still mobile, pull over safely to the side of the road. Where applicable, turn on the hazard lights. If anyone is injured, call the emergency services on the following numbers:
- ambulance 10177
- South African Police 10111.
Do not move an injured person, unless he or she is in danger of being struck by oncoming traffic. Keep calm and wait for the emergency responders.
Do not leave the scene of the accident, and comply with instructions from the SAPS.
If a person needs to be hospitalised, or has been killed, proceed to the police station to complete a full accident report. Ensure the authorities at the accident scene have given you the go-ahead, and request a copy of the report for your records.
If you have been injured, seek medical attention, even if the injuries appear to be minor.
Document the scene of the accident by taking photographs or a video of the vehicles involved, the damage and injuries sustained, and the surrounding area.
Make a note of the contact details of the parties involved in the accident, and any witnesses at the accident scene.
Contact a personal injury attorney to claim RAF compensation for damages due to your injuries.
How to take photographic evidence after a motorcycle accident
When claiming compensation from the RAF, photographs of the scene of the accident carry significant weight. Images serve as powerful evidence in support of a claim.
Key areas to focus on include:
- resting position of vehicles
- damage to vehicles
- registration plates and licence discs
- injuries sustained
- road conditions
- debris, hazards or obstructions on the road
- overhead lighting or traffic lights that are not operating
- obscured or damaged road signs
- skid marks
- location of the accident.
Ideally, you want to take a wide-range shot of the accident scene to provide context. Follow that up with close-ups of the main areas of focus as outlined above.
That way, you provide the viewer with the full perspective of the accident before any changes are made to the scene.
When taking the photos, keep the angle of the light in mind, be it artificial light or sunlight. Shadows can obscure or distort the subject matter.
For the purposes of creating an evidentiary record, front lighting is recommended. The source of light must be behind you.
Legal help if you’re in a motorbike accident
For all claims against the South African Road Accident Fund (RAF), it’s strongly recommended that you use the services of a suitably qualified attorney. Find out more in our article on why you need an attorney for RAF claims.
At DSC Attorneys, we’re experts in road accident claims, with extensive experience in handling claims against the RAF – including claims involving motorcycles. Our personal injury attorneys and medico-legal team are committed to helping accident victims get the compensation they deserve, in as short a period as possible. We work on a no-win, no-fee basis.
Contact us online or call 0861 465 879 for legal advice and representation that’s effective, ethical and caring.
