Legal expert Nthabiseng Dubazana has explained what motorists can do when a pothole causes an accident and injury.
By Mapaballo Borotho
Potholes have become a common feature on many South African roads, with numerous roads still affected and awaiting repairs, particularly in major cities such as Johannesburg, Ekurhuleni and Pretoria.
They are also responsible for many of the tyre punctures and vehicle damage incidents motorists experience on their daily commutes.
In some cases, potholes have even contributed to serious road accidents.
But what happens when a pothole causes an accident that is completely beyond your control? Where do you claim, and who do you hold accountable? Can you take legal action against the state?
This week on Legal Matters, legal expert Nthabiseng Dubazana unpacked a case involving a motorcycle accident linked to poor road conditions that resulted in serious injuries.
Dubazana explained that in cases like these, a claimant must prove wrongdoing by the party they are suing. This includes proving wrongfulness, causation and harm caused by the individual or institution being held accountable.
She said taking legal action against the state can be challenging due to the extensive paperwork, legal processes and procedural requirements involved. However, she encouraged people not to be discouraged, especially when pursuing a legitimate claim.
In this particular case, the court considered evidence presented by the victim, including photographs of the accident scene and statements from eyewitnesses.
When assessing wrongfulness, the court found that the pothole had existed for some time and that the responsible department had failed to address it. As a result, the court found that the road had not been properly maintained.
The court also found evidence of negligence on the part of the responsible authority.
Regarding causation, the court accepted that the victim had suffered actual harm as a result of the accident.
Ultimately, the court concluded that the pothole was the cause of the accident and that the Department of Roads and Public Works had acted wrongfully and negligently.
The victim successfully won the case against the state after a lengthy legal battle.
For the full discussion, listen to the podcast.
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