PRASA and Metrorail Train Accident Claims
If you or a dependant has been injured, or a family member has been killed, in a rail accident caused by the negligence of PRASA, Metrorail or any other rail service operator, you may be entitled to claim compensation.
Rail operators have a legal duty to ensure that trains, railway lines, stations and all related infrastructure, including signalling systems and railway booms, are safe and properly maintained. If this duty is breached and injury or loss results, the operator may be held liable.
Anyone injured while travelling on a train or while on railway property may have a valid claim. Strict deadlines apply, so it is important to get advice early. Read on for more information or jump directly to our Frequently Asked Questions below.
Do I have a claim?
Find out where you stand. Our personal injury team will assess your case and explain your options, with no obligation.
Call us on 0861 465 879 or contact us online for reliable legal advice and expert representation.
See if you have a claim
At DSC Attorneys, we focus on personal injury claims, including train and rail-related accidents. Our established panel of medico-legal experts enables us to accurately assess your injuries and pursue the full compensation you deserve.
You may be entitled to compensation if you:
- were injured in a train accident
- are the dependant of someone who died in a rail accident
- fell or were pushed on a station platform
- fell or were pushed from a moving or stationary train
- fell while boarding or disembarking from a train
- were assaulted or robbed on a train or at a station where security was inadequate
- were struck by a train, or injured at a level crossing
- were injured on Metrorail or other rail property.
What damages can be claimed?
If you have been injured in a train accident, you may be able to claim compensation for:
- hospital and medical expenses already incurred
- future medical and hospital costs
- past and future loss of income or earning capacity
- general damages for pain, suffering and loss of amenities of life.
If a family member has died in a rail accident, dependants may also claim for:
- loss of financial support
- funeral expenses.
How long do you have to claim?
Claims against PRASA are subject to shorter deadlines than most personal injury claims, because PRASA is an organ of state.
Six months from the date of the incident to serve formal notice of your intention to institute legal proceedings.
Thirty days after that notice is served before proceedings may be issued.
Three years from the date of the incident before the claim prescribes and is lost.
Different periods apply where the injured person is a child. If notice was not served in time, it may still be possible to apply to court for condonation and proceed with the claim.
If you think you have missed a deadline, contact us anyway. It may still be possible to act.
Rail operators in South Africa
It is possible to claim compensation from any rail operator in South Africa where negligence can be proven. At DSC Attorneys, we handle:
- claims against PRASA and its divisions, including Metrorail and Shosholoza Meyl
- claims against luxury rail services such as Rovos Rail
- Transnet injury claims where members of the public have been harmed.
Where a motor vehicle is involved, for example in a collision at a level crossing, it may be possible to claim from both the rail operator and the Road Accident Fund.
Proving negligence in a court of law
In personal injury matters, the standard legal principles of negligence apply. Two key questions must be answered:
- Did the injury result from a negligent act or omission by the rail operator?
- Was it reasonably foreseeable that such conduct could cause harm?
If the answers to both questions are “yes”, the operator may be found legally liable.
Proving negligence in rail accident cases can be complex. It often requires specialised legal knowledge, access to expert witnesses, detailed investigation and technical evaluation of equipment, infrastructure and safety systems. This is where experienced legal representation is essential.
Expert insight
“If you were injured on a train through no fault of your own, you may have a claim against PRASA. These cases are complex and can take years, so the sooner you get advice, the better.”
Kirstie Haslam, Partner, DSC Attorneys
Our record in rail claims
DSC Attorneys regularly handles rail-related injury claims, both negotiating settlements and litigating claims in court.
PRASA fights these claims hard, so the thing that matters to a claimant is a firm with the resources and resolve to keep going when it counts, rather than pushing a client to settle for less than a claim is worth. This is where DSC Attorneys excels.
Our attorneys have taken rail injury claims to the highest courts in the country. In Rautini v Passenger Rail Agency of South Africa, for example, we represented a man thrown from a train through an open door near Stellenbosch. We took the matter to the Supreme Court of Appeal, which found PRASA negligent and liable. We eventually settled the quantum of Mr Rautini’s matter for R6 503 776.00.
Every claim is different and past outcomes are not a guarantee of future results.
What it costs to bring a claim
We handle rail injury claims on a contingency basis, which means you pay no fee unless your claim succeeds.
Contingency fees are regulated by the Contingency Fees Act and are capped. Find out more in our article explaining how contingency fees work in South Africa. Also note that we explain exactly what you would pay before you commit to anything.
