Every year, hundreds of cyclists in South Africa lose their lives in road accidents. Many more are seriously injured. Road Accident Fund claims for cyclists may provide accident victims or their dependants with compensation.
Cyclist safety an on-going issue in South Africa
Despite safe-cycling initiatives and interventions by local and provincial governments, road fatalities involving cyclists have risen steadily over the years.
News24 reported 252 deaths in 2010, with an estimated 800 more cyclists injured by motor vehicle accidents. By 2016, road deaths among cyclists had risen by almost 79% to 451 fatalities.
Current statistics are hard to find but the litany of reports on online news platforms suggests cyclist safety remains a major concern.
RAF claims for cyclists injured by motor vehicles
In South Africa, cyclists are considered legitimate road users subject to the same rules and regulations as motorists.
As a result, cyclists who sustain injuries as a result of an accident involving a motor vehicle may have the right to claim compensation from the Road Accident Fund (RAF).
Types of RAF compensation cyclists can claim
Cyclists can claim past and future medical expenses, as well as loss of earnings, arising from injuries sustained in an accident.
If the injuries sustained meet the legally defined criteria of “serious” injuries, general damages for pain, suffering and loss of amenities of life may also be awarded.
In addition, dependants of a cyclist killed in an accident can claim compensation in respect of loss of support and to cover the costs of a funeral.
The amounts that can be claimed for both loss of earnings and loss of support are subject to a statutory limit, which is periodically adjusted for inflation.
The RAF does not pay compensation for damages to property, such as a bicycle or any cycling equipment.
Limitations on claims
RAF claims are subject to time limits, known as prescription periods. Once these prescription periods have elapsed, claims can no longer be instituted.
In South Africa, there are two prescription periods conceived for the following scenarios.
When the identity of the driver is known claims must be lodged with the RAF within three years of the accident. Thereafter, a two-year window kicks in, during which time litigation against the RAF has to be initiated through service of a summons.
When the identity of the driver is not known claims must be lodged within two years of the date of the accident. If required, court action must commence within three years thereafter (in other words, within five years in total after the date of the collision).
Claims against the RAF are fault-based. In order for a claim to succeed, it must be established that the other party was either fully or partly to blame for the accident. Only then is compensation available.
Can cyclists be found ‘at fault’ for motor vehicle accidents?
Yes, cyclists, like any other road users, have to obey the rules of the road. They can be found at least partly at fault when they break the rules.
Riding recklessly, three or four abreast, or ignoring stop signs and red lights are clear violations of traffic laws. In these types of incidents, cyclists involved in accidents may have a claim made against them.
Can pedestrians claim RAF compensation for being hit by cyclists?
No. In terms of the Road Accident Fund Act 56 of 1996, bicycles are not deemed to be motor vehicles. They are not designed to be propelled by means of gas, fuel or electricity.
As a result, pedestrians involved in collisions with cyclists are not entitled to claim compensation from the RAF.
How to pursue RAF claims for cyclists
Initiating a claim against the RAF is complex and time consuming. It involves collecting evidence and submitting documents to support the claim, a “make-or-break” process best handled by an experienced attorney.
These types of claims typically advance to the point of litigation against the RAF, action that requires the services of a law firm, preferably one that specialises in personal injury claims.
Even if court action is not required, tough negotiating skills are. An attorney is best placed to negotiate a fair settlement on your behalf.
How DSC Attorneys can help
The most sensible way for a cyclist to purse a RAF claim is to contact a lawyer. Most law firms, like DSC Attorneys, operate on a no-win, no-fee basis.
