School Transport: Can You Claim If Your Child Is Injured?

More than 800 learners died in school transport accidents in South Africa between 2018 and 2022 – and the situation appears to be getting worse.

On 19 January 2026 alone, two separate incidents claimed 14 school children’s lives and left nine others injured.

Speeding, reckless driving, overloading and unroadworthy vehicles all contribute to an unacceptable toll.

While nothing can fully compensate victims and their families, the law does provide recourse, including compensation for medical expenses, general damages and long-term loss of income.

In this article, we outline the situation, and what’s involved in claiming compensation.

School transport accidents in South Africa

According to data from Statistics South Africa and the Road Traffic Management Corporation, road accidents are a leading cause of death for South African children – and the fatality rate is significantly higher than international norms.

The incidents below represent only a fraction of those recorded in recent years.

On 19 January, 2026 – the same day that the deadly head-on collision in Vanderbijlpark claimed 14 young lives – nine school children were injured when a driver in Pinetown lost control and crashed into a tree.

In March 2025, four children lost their lives and four others were seriously injured when their school transport vehicle collided with a bakkie on the N12 in Ekurhuleni.

In July 2025, a vehicle transporting learners in northern KZN lost control and overturned, leaving 15 children seriously injured. A case of reckless and negligent driving was opened by the police.

The roll of incidents continues:

• 12 children died when the minibus they were travelling in overturned and caught fire
• six learners died and 19 were injured when a train collided with a school bus in Mpumalanga
• 109 children were injured in a head-on collision in Limpopo.

Claiming compensation for school transport accidents

If a child is injured in an accident while on public school transport or a hired bus, you can claim compensation from the Road Accident Fund (RAF).

This can cover medical expenses, future medical and care-related costs and estimated future loss of income. In cases involving serious injury, it can also include general damages for pain and suffering.

What is the deadline for claiming RAF compensation for a minor?

The general rule is that a claim must be submitted to the RAF within three years of the accident – or within two years if the vehicle was not identified (a “hit-and-run” accident).

A parent or guardian may institute a claim on behalf of a minor within this time.

Alternatively, for an accident where the vehicle was identified, a person injured as a minor has until their 21st birthday to lodge a RAF claim in their own right. The three-year prescription period begins only once the injured person reaches the age of 18.

Note that this does not apply if the vehicle was not identified.

For a hit-and-run accident, the two-year prescription period runs from the date of the accident regardless of the claimant’s age. This makes it critical for a parent or guardian to act promptly.

What is needed for a claim?

A claim must be submitted along with supporting documents such as:

• a SAPS accident report
• medical reports and assessments
• witness statements
• invoices relating to out-of-pocket expenses.

If claiming general damages from the RAF, a serious injury assessment report is also required.

Next steps for a school transport injury claim

In all cases, seek advice as early as possible to ensure that appropriate evidence and documentation are secured and all requirements and deadlines are met.

A specialist personal injury lawyer can:

• assess the merits of your case
• assemble evidence – including expert medical testimony – and build a strong case
• ensure that all claim-related procedural requirements are met
• represent your interests, before the RAF and in court.