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South Africa's roads are considered some of the most dangerous in the world, with hit-and-run accidents tragically claiming lives and leaving others devastated every year.
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:
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:
What You Must Not Do
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:
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.