Can you claim if your accident was caused by poor road conditions?
Despite the beauty of the country we live in, South African roads are unfortunately well-known for their potholes and states of disrepair. Our country sees many road accidents every year that are caused by these poor conditions. Even a small pothole, can cause lasting damage to a vehicle, and many vehicles can crash because of the damage or as a result of trying to avoid it. Who is responsible when you are in an accident that was caused by bad road conditions?
Examples of poor road conditions
Wear and tear on roads from constant use is normal, but when road maintenance falls behind schedule it can lead to reoccurring potholes, cracks and poor road surfaces. This could force a driver to swerve off the road or even into oncoming traffic.
Other defective roadway issues could include guardrail (barrier) damage, jagged road edges, medians lacking lines, lanes without lines, curves that need adjustments, traffic signal and signage problems, vegetation that has overgrown (grass, branches and trees) and obstructed view of warning signs and similar problems.
Who can I claim from?
Unlike motor vehicle accidents caused by negligent driving, the Road Accident Fund cannot help you with an accident caused by poor road conditions. The RAF is in place to assist in providing compensation for those who have suffered serious loss and injury at the hands of a negligent driver.
If no driver was at fault in your accident, and the accident was purely caused by damaged or unsafe roads, you can still claim. For accidents occurring on a national road, you can claim against SANRAL (South African National Roads Agency) for compensation. National roads (the “N” roads such as the N1, N2, N3 etc.), are the responsibility of SANRAL) who contract with road works or maintenance companies to maintain these roads. These companies have to produce proof of insurance cover in the event damages claims from road users arise. This means that damaged caused by poor road conditions on the national roads will be forwarded to SANRAL, and thereafter on to the contractor for that specific stretch of road.
If the accident did not happen on a national road, you may claim against the particular municipality or Department of Public Works who are responsible for that road area. Your attorney can help you determine who can be held liable.
How to claim
A lack of warning signage around the dangerous area of the road that caused your accident will help solidify your case, and you will need to obtain photographic evidence of the cause of the accident as well as the dangerous area itself, witness statements if possible and evidence of damages and injuries caused. it is always best to take photographs of “the scene” as soon as possible after the accident, as potholes may be refilled or other problems fixed, leaving no evidence of the cause of the accident.
Your attorney can assist you in preparing your case. For more information on the process visit https://pauldup.co.za/the-claims-process/ where we explain the different aspects of a claim and what needs to be proven to claim compensation.
If the accident caused serious injury or death to yourself, your passengers or other people using the road, you can claim for the cost of medical expenses to treat the injuries and loss of income or support. You may also be able to claim compensation if the accident caused emotional damage, pain and suffering.
If you believe that you have suffered serious injury due to poor road conditions, you can discuss your claim with Paul du Plessis Attorneys. For a no obligation cost free consultation give us a call at 012 809 1588