RAF Claims for Pedestrians Injured or Killed in Road Accidents

The Road Accident Fund (RAF) was established to compensate victims of road accidents in South Africa, including pedestrians.

RAF claims for pedestrians can provide those injured and their families with much-needed compensation.

Pedestrian injuries and fatalities in South Africa

An alarming percentage of people who die or are seriously injured on South African roads are pedestrians.

According to a recent RTMC report, pedestrians account for 45% of all road user fatalities.

Similarly, Arrive Alive reports the figure at 35 to 40% of all road accident deaths.

This high percentage is attributed to a number of factors, including drunk driving and poor pedestrian infrastructure.

What injured pedestrians can claim 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.

RAF claims for pedestrians are subject to the same time limits as other RAF claims.

Examples of RAF payouts for pedestrians

A number of factors can influence the amount of compensation that’s awarded in RAF claims for pedestrians. Among others, these include the nature and likely long-term consequences of the injuries sustained, and the estimated loss of potential earnings due to the injuries.

Here we cover some recent examples of the compensation amounts awarded in RAF claims for pedestrians.

R 3 786 015.59

A man suffered severe traumatic brain injury after being hit by a car as a pedestrian in KwaThema, Springs.

In 2024, the High Court awarded the victim a payout of R3 786 015.59 for loss of earnings and earning capacity. The Court also ruled that the RAF should award an undertaking for the man’s future medical expenses.

R3,470,204.50

A RAF payout for R3,470,204.50 was made after an apportionment of 70/30% in favour of our client, who was injured as a pedestrian when crossing a street in central Cape Town.

He sustained a severe rupture of the medial collateral ligament, a fracture of the tibial plateau of the left knee and a partial rupture of the patella retinaculum.

R6.5 million

In 2021, the RAF paid R6,509,622 to a child pedestrian who was hit by a swerving taxi.

The compensation was awarded for general damages, loss of earnings, future medical treatments and hospital or nursing home accommodation. It also covered the costs of setting up and administering a trust for the child.

R7.4 million

In 2020, RAF compensation of R7,476,619.75 was awarded to a child who suffered multiple injuries when hit by a vehicle. The compensation covered general damages and loss of earnings.

R2,039,259

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.

On behalf of the child, RAF compensation of R2,039,259 was awarded for medical expenses, general damages and loss of income.

R5,995,031

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.