Rail Crossing Injury Claims: South Africans Injured or Killed Every Year in South Africa

South Africa’s railway network has around 7,500 level crossings in operation. These crossings pose a hazard to commuters and pedestrians. Every year, level crossing-related accidents result in deaths and injuries. These may give rise to rail crossing injury claims.

In this article, we cover:

• recent level crossing injury statistics
• rail crossing injury claims, with an example of compensation awarded
• safety tips for railway crossings, for both pedestrians and drivers.

How many people are injured or killed at rail crossings in South Africa?

Hundreds of people are injured in train-related incidents in South Africa each year.

According to a report published by the Railway Safety Regulator, 519 people were hit by trains in 2018/19. More than half – 284 people – died of their injuries.

A total of 75 accidents took place at level crossings. These led to 25 deaths.

In 2018, a train in Gqeberha (PE) hit a lorry at a level crossing, killing 18 people and injuring 254.

The same year, a train in Cape Town hit a bakkie at a level crossing, killing seven people.

An earlier accident in Blackheath, Cape Town involved a mini-bus taxi that tried to cross the tracks while the boom was down. Ten children were killed and four were injured.

Level-crossing injury claims

When an injury or death takes place at a level crossing, it may be possible to claim compensation from PRASA or Metrorail. This applies if the incident occurred due to negligence by the rail operator or its employee(s).

If the incident leading to injury or death involves a car, it may also be possible to claim compensation from the Road Accident Fund (RAF).

The Faure level-crossing accident and legal claims

The Faure level-crossing accident took place in 2006 at an uncontrolled level crossing near Somerset West in the Western Cape. A truck carrying 33 farm workers from a local vineyard was struck by a Metrorail train.

Tragically, 19 of the workers were killed and six were injured. No-one on the train was injured.

Two of the injured truck passengers instituted a claim against Metrorail. On appeal to the Supreme Court, Metrorail was found liable. Damages were awarded to the passengers.

Due to the truck driver’s role in the incident, the RAF also paid out compensation of R25,000 to each of the plaintiffs. This was per applicable legislation at the time, which limited claims against the RAF by passengers being transported for labour (along with certain other categories of passengers) to R25,000 per passenger.

RAF legislation was amended in 2008, and this limit was removed. All passengers now have the same rights to compensation from the RAF as other road accident victims.

Safety tips for railway crossings

Drivers and pedestrians should exercise extra caution when approaching or crossing train tracks at a level crossing. For more advice on level-crossing safety, visit the Arrive Alive website.

Level-crossing safety tips for pedestrians

The best safety tip for crossing tracks is to avoid doing this altogether. If there’s another option, take it. For example, use a footbridge if one is available.

Also, never walk (or cycle) along tracks.

If you must cross at a level rail crossing, pay attention. Look in both directions and listen for oncoming trains.

Also, don’t cross immediately after a train passes. Make sure there isn’t another train coming the other way.

Never try to beat an approaching train.

Once you’re sure it’s safe and you’re ready to cross, follow these guidelines:

• cross quickly (don’t loiter)
• to avoid tripping, don’t run or jump over any barriers
• avoid stepping on rails; rather walk between them
• carry toddlers and always supervise children.

Level-crossing safety tips for drivers

For safety, drivers should always obey road signs and rail signals. However, note that not all level crossings in South Africa have operating booms or lights.

When approaching a level crossing, slow down. Come to a complete stop – ideally at least five metres from the gate or boom. Then look and listen.

For safety, follow these basic guidelines:

• never cross if you can see a train approaching
• never overtake cars waiting at a level crossing
• when you do cross, be prompt and avoid stopping on the tracks
• avoid changing gears while crossing the tracks.

If your vehicle gets stuck on the tracks when a train is approaching, exit the vehicle quickly and get well clear of the crossing.