WeeklySA_AdminLack: The lack of maintenance of our roads have resulted in 25 million potholes
By Thuli Zungu
The South African National Roads Agency (SANRAL) and municipalities may be held liable for road accidents caused by potholes – estimated at 25 million countrywide, according to a firm of lawyers.
Kirstie Haslam, a partner at DSC Attorneys, says the deteriorating condition of roads across the country is a growing cause of road accidents damaging vehicles and these accidents can result in serious injuries and deaths.
“Unfortunately the situation is worsening.” Haslam says in 2017, there were an estimated 15 million potholes and according to SANRAL, there are now more than 25 million.
“The cause is simple – inadequate road maintenance.” Haslam says statistics on South Africa’s road-maintenance backlog explain the state of our roads.
Speaking at a road construction indaba in 2022, Transport Minister Fikile Mbalula said that about 40% of provincial roads and 80% of South Africa’s national roads were ‘‘at the end of their design life’’.
It is estimated that South Africa now needs nearly R200 billion to fund road maintenance, yet Government spending on roads is actually decreasing, according to data published by Statistics South Africa in October 2020.
“Inevitably, as the number of potholes on South African roads has increased, so has the number of pothole-related accident claims,” Haslam says.
Anyone who has driven through a pothole knows how easily it can cause an accident that might result in serious injuries.
“In the case of large potholes, impact with the road alone may be enough to cause serious injury”. Serious accidents caused by potholes can happen when a vehicle swerves into on-coming traffic or swerves and hits a cyclist, pedestrian or obstacle;. A tyre might blow out forcing the driver slams to slam on the brakes quickly after spotting a pothole or when a vehicle malfunctions after hitting a pothole.
“When you are injured in a road accident or your car is damaged, you may be able to claim damages from the authority responsible for the maintenance of the road,” Haslam says.
If the accident occurs on a national road, a claim may possibly be made against the South African National Roads Agency (SANRAL).
“For damages sustained in an accident on a municipal road, the relevant local municipality or department of public works may be liable.”
If you are physically injured in a road accident caused by a pothole and the accident is also partly attributable to driver negligence which is not your own (such as when you are travelling as a passenger), you may be able to make a claim for compensation from the Road Accident
Fund. However, the success of a claim for damages sustained in an accident caused by potholes depends on a number of factors.
“Your legal team will need to supply proof of negligence. This could be a photograph of the pothole that caused the accident or evidence that the pothole was previously reported to authorities and not repaired. When this is the case, the state authority is more likely to be judged negligent and therefore liable,” Haslam says.
For a claim to be successful, you also need to supply further supporting evidence, such as medical reports and bills, contact details of any witnesses and a police report.
“If you or your child suffered an injury during a road accident caused by potholes, it is important to consult a suitably experienced attorney who specialises in personal injury claims and works on a no-win, no-fee basis.
“They can assess your claim, help prepare supporting evidence and represent you in legal proceedings, giving you the best chance of receiving the compensation you deserve.
