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RAF Claims for Pedestrians Injured or Killed in Road Accidents

RAF Claims for Pedestrians Injured or Killed in Road Accidents
Aug 14, 2019 gnuworld
pedestrians

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 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.

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.

R3,470,204.50

A recent 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 and future loss of earning capacity.

In addition to the capital sum awarded, the RAF was obliged to provide a statutory undertaking to cover the costs of future medical treatments and hospital or nursing home accommodation for the child. The RAF was also obliged to cover 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 future anticipated loss of earning capacity.

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 future loss of income earning capacity.

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.

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RAF claims for pedestrians with DSC Attorneys

At DSC Attorneys, we specialise in road accident claims, including those involving pedestrians and their families.

Our personal injury attorneys and medico-legal team can assess your claim, help prepare supporting evidence and represent you in legal proceedings, giving you the best chance of receiving the compensation you deserve. We work on a no win, no fee basis.

Contact us online or call 0861 465 879 for the very best legal support and representation.

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