Hit-and-Run Incidents in South Africa

According to the State of Road Safety Report for earlier this year, hit-and-runs are one of the most recorded accidents and highest contributor to fatal crashes. Pedestrians are particularly vulnerable, often bearing the brunt of these incidents.

What is a Hit-and-Run?

A hit-and-run occurs when a driver involved in an accident flees the scene without providing contact information or assisting those injured. This act violates ethical and legal obligations and is punishable under the National Road Traffic Act 93 of 1996 with a fine or imprisonment or both if you are caught.

Legal Duties of a Driver

Under South Africa's National Road Traffic Act, drivers involved in an accident are legally required to:

1. Stop immediately: If you’re in an accident, you must stop your vehicle right away.
   
   
2. Check for injuries: Assess if anyone has been hurt and how serious the injuries are.
   
   
3. Help the injured: Offer any assistance you can to anyone who is hurt.
   
   
4. Assess damage: Determine the extent of damage to vehicles or property.
   
   
5. Share your details: If asked, provide your name, address, the vehicle owner's details, and the car registration number.
   
   
6. Report the accident: If you didn’t give your details to a traffic officer at the scene, report the accident to the police within 24 hours, bring your driver’s license, and provide your ID and other necessary information. Although you only have to report an accident formally if there are injuries, due to insurance requirements most parties would still have to report accident even if no injuries occurred.
   
   

Failing to fulfil these duties is a criminal offense and you will be liable for a fine or imprisonment or both.

What to Do if You're a Victim

If you're involved in a hit-and-run:

1. Document the scene: Note the location, time, and any details about the fleeing vehicle.
   
   
2. Gather evidence: Take photos of the damage, skid marks, or other relevant details.
   
   
3. Seek witnesses: Collect contact information and statements from any bystanders.
   
   
4. Report the incident: File a report with the police as soon as possible, as it is crucial for legal and insurance claim.

What You Must Not Do

1. Do not chase the offending vehicle: This can endanger you further.
   
   

1. Avoid delaying medical attention: Immediate care is paramount for injuries. Ensure that you obtain medical reports that can be used as evidence in any civil litigation later on.
   
   
2. Refrain from settling matters informally: By settling matters informally you may prejudice yourself with any claims in future. Do not negotiate settlements directly after an accident.
   
   

Claiming Compensation from the Road Accident Fund (RAF)

Victims of hit-and-runs can claim compensation from the RAF for medical expenses, loss of income, and, in severe cases, general damages for pain and suffering. Dependents of a deceased breadwinner can claim for loss of support and funeral costs.

Important to note

These claims must be lodged within two years of the incident. You calculate the days by excluding the day of the accident, start from the following day and include the final day. For example, if a hit-and-run accident took place on 1 January 2021, the prescription period would begin on 2 January 2021, and conclude on 1 January, 2024. Therefore, your claim prescribes on 1 January 2024.

Legal&Tax has legal advisors to guide you through this process should you be a victim of a hit-and-run. Contact us today if you or your family are experiencing a hit-and-run incident.

The Emotional and Financial Toll

The aftermath of a hit-and-run is devastating for victims and their families. Beyond the physical injuries, victims endure emotional trauma, compounded by the uncertainty of justice. Financially, the burden can be overwhelming, with medical expenses, loss of income, and long-term care costs weighing heavily on families.

At Legal&Tax, we understand the devasting impact of hit-and-runs. Our Trauma Assist service provides vital support to victims of hit-and-run accidents by offering access to emergency medical response and transportation. To read more about the service you can find out here. Additionally, victims can receive telephonic guidance from experienced nurses and trauma counsellors to address the psychological and emotional impact of such incidents. These services ensure that individuals and their families are supported during crises, both physically and emotionally, helping them navigate the aftermath more effectively.

Should you wish to access Trauma Assist:

1. Look out for the SMS you will receive when you join Trauma Assist as a Legal&Tax client.
   
   
2. The number is *120*15570#. You MUST save this to speed dial.
   
   
3. In an emergency, press the allocated button on your phone, and a crisis manager will call you within 30 seconds.
   
   
4. This service is only available to Trauma Assist Members, so get signed up and set up today!

With Legal&Tax, you are not alone and we provide a 24hour Mental Wellness Helpline support which is designed to assist individuals dealing with emotional and psychological challenges, including those stemming from traumatic events like hit-and-run accidents. With access to a 24-hour Mental Wellness Helpline, victims and their families can speak to qualified mental health professionals for confidential counselling and guidance. The service aims to address the anxiety, stress, and potential trauma associated with such incidents, offering immediate emotional relief and help to rebuild resilience over time.

With Legal&Tax you’re not alone

Legal&Tax offers comprehensive support for those navigating the complexities of hit-and-run cases from Trauma Assist, Mental Wellness to legal support. We ensure that victims and their families are not left to face these challenges alone.

For more information on legal plans and how they can protect you, visit Legal&Tax.

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• Call 0860 587 587
• Email us at info@legalandtax.co.za