Drunk drivers and a Road Accident Fund claim
There is no excuse for driving drunk. The South African Road Accident Fund is in place to protect you, not excuse you. If you drink and drive, you endanger not only yourself but other road users too. A car accident can have severe and unexpected consequences under normal circumstances, and a drunk driver can increase those dangers.
What constitutes drunk driving?
In South Africa, the legal limit is a breath alcohol content of 0.24mg per 1000 ml, or a blood alcohol limit of 0.05 g per 100 ml. You cannot legally drive if you are over this limit. Although it is inadvisable, it is possible to drink and still be able to drive. The general rule of thumb is to drink only one unit of alcohol every hour to avoid becoming drunk. One unit per hour gives your body enough time to process the alcohol. However, even in small amounts alcohol will reduce your decision-making abilities and reflexes, so it is best not to drink at all if you wish to drive safely. In layman’s terms, one unit of alcohol is equivalent to approximately two thirds of a beer or spirit cooler, or one glass of wine. Only one 25ml shot of hard liquor like brandy or whiskey counts as one unit.
Stricter laws are on its way
The days of having a beer after work and driving home will soon be over. Once South Africa’s strict new drunk driving laws are passed later this year, you won’t be allowed behind the wheel of a motor vehicle after even one drink.
Transport Minister Fikile Mbalula says the National Road Traffic Amendment Act which is planned to be in force by June 2021, will completely prohibit the use and consumption of alcohol by all motor vehicle operators on South African public roads. The new bill adopts a zero tolerance approach to drunk driving by setting the legal blood-alcohol limit for drivers at 0%.
Source: Wheels 24: Wynand van Vuuren – Here’s how the new zero tolerance drunk driving law will affect your car insurance 4 February 2021.
Can I still claim against the South African Road Accident Fund if I was driving drunk?
For a personal injury claim to be successful in a drunk driving case, it has to be shown that the other driver’s negligence was the cause of the accident that resulted in your injury. Reckless driving, for instance, is a form of negligence.
It’s likely to support your claim if a police report indicates that the alcohol level of the driver responsible for the accident was over the limit at the time of the collision. The normal requirements of a Road Accident Fund claim still has to be met. It is still necessary to show that this negligence has directly linked to the accident.
If you were under the influence while driving, it is possible for you to claim against the RAF, however it is very likely that you will be held to be contributorily negligent or you will receive less compensation. If you were driving under the influence but the accident was caused by another driver, both you and the other driver may be held accountable for the accident. The fact that you were over the legal alcohol limit will be taken into account, as your ability to react would have been impaired and your actions will be measured against those of a reasonable sober driver.
If you require advice about an accident where a driver was under the influence of alcohol, it is best to have an experienced attorney on your side. Feel free to Contact Paul du Plessis Attorneys at paul@pauldup.co.za for help with claims from the South African Road Accident Fund.
For more information you can visit these resources:
https://pauldup.co.za/road-accident-fund/
https://www.arrivealive.co.za/Alcohol-and-Legal-Implications-of-Drunk-Driving
https://www.saps.gov.za/alert/zero_tolerance_agains_drinking_driving.php
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