Two major train accidents marked the start of 2018 in South Africa. On 4 January, a collision between a train, truck and car in Kroonstad saw 18 dead and over 200 injured. Just five days later, two trains collided in Germiston, injuring more than 200 people.
Claims against Metrorail
Metrorail transports over 2.4 million people in South Africa daily. It’s a division of the state-owned Passenger Rail Agency of South Africa (PRASA).
As a public transport provider, Metrorail has a legal duty to take the necessary steps to ensure commuters are safe when using its services.
Metrorail users who suffer personal injury due to negligence on the part of the operator may be able to claim for damages. A dependant of a deceased victim of a train accident may also claim compensation for loss of support.
South Africa pays over R400 million per year in damages caused by train and train-related accidents.
What kinds of accidents can lead to claims?
You may have a personal injury claim against PRASA if you sustain injuries on a Metrorail train station, on a train or when boarding or disembarking, if your injuries resulted from negligence on the part of Metrorail or its employees.
For example, injuries that lead to claims may occur as a result of:
- collisions between trains or between a train and another vehicle, for example at a rail crossing
- slips or falls on South African Rail Commuter Corporation property where potentially dangerous conditions exist, especially if there are no warning signs
- attacks that occur on stations or in trains, where insufficient security measures are in place to protect commuters
- passengers being struck by trains or by vehicles, equipment or other objects on stations
- train derailments
- falls from the train due to doors not being closed while moving
- signals passed at danger (SPADs) – when train drivers pass danger signals without the authority to do so.
Steps of the claims process
Claims against state-owned entities like PRASA – which owns Metrorail – are subject to a time limit and must usually be submitted within three years of the incident.
Gather evidence
The responsibility of proving that either Metrorail or its employees was at fault rests with the claimant. Witness statements, photos or video footage of the incident and of injuries sustained, and medical reports and records can all be submitted as evidence.
Determine the severity and impact of injury
Expert information on how your injury was caused, its likely long-term effects and your current and potential future medical costs must be gathered to help determine how much you can claim.
Inform PRASA of the intention to claim
In keeping with the claims process for state-owned enterprises, PRASA must be notified of your intention to claim within six months of your accident. This initiates the claims process.
Representation
Your attorney will present your case, submitting necessary documentation and evidence to PRASA. In turn, PRASA may conduct its own investigation.
Settle or proceed to trial
PRASA may offer a payment to settle the matter out of court. If no settlement is offered or you’re unwilling to accept it, the case may proceed to trial, with evidence presented in court. A judge will determine liability and then decide how much PRASA is required to pay in damages.
Hiring an attorney
Proving negligence on the part of Metrorail is a complicated process and, especially if a serious injury or fatality has occurred, requires both medical and legal expertise.
An experienced attorney – such as an attorney at DSC Attorneys – can advise you on the value of a claim, arrange expert medical opinions and testimony, compile other evidence, submit documentation according to the required claims process, represent your legal interests and help you make informed decisions, like whether to accept an offered settlement.
Each case is different, so speaking to an expert about your specific case is the best way to ensure you get the compensation you deserve.
Road Safety at Level Crossings / Rail Crossings https://t.co/33nV1AVj6d #Levelcrossings #railcrossings @Rail_Safety @PRASA_Group @CapeTownTrains @DoTransport @ilcad pic.twitter.com/b5lw2G7EGx
— Arrive Alive (@_ArriveAlive) August 29, 2018