Pretoria - Following the Covid-19 pandemic, more people have made use of scooter drivers delivering food, which expose the drivers to more road accidents.
And good news is that a lawyer has confirmed that as with any other road users, these scooter drivers can also turn to the Road Accident Fund (RAF) for compensation in case of an accident.
Mpumelelo Ndlela, an associate at one of the biggest law firms, Adams & Adams, said with most people choosing to stay indoors, the food delivery industry expanded and presented more opportunities for players in the industry.
It also created job opportunities in South Africa for both locals and immigrants. However, the successes in the industry have come with a surge in road accident statistics in the country.
“Road accidents involving food delivery drivers are far more common than you can imagine, with most cases reported to have resulted in serious injuries and death,” he said.
It is trite that the function of the RAF is to compensate for loss or damage wrongfully caused by driving motor vehicles, he said.
“If you were injured in a road accident while working as a food delivery driver, and the accident was not your fault, you can lodge a claim with the RAF. This is crucial, as due to the nature of their work, many scooter drivers struggle with insurance claims and compensation enjoyed by other employers if they are involved in accidents.”
Ndlela said the courts have adjudicated upon many cases involving scooter driver accidents, and such cases have proven that scooter drivers are among the most vulnerable road users.
In referring to a case involving a scooter driver delivering food, he said a plaintiff scooter driver testified that he was en route to deliver a pizza on his scooter on the date of the accident. As he was nearing a slight curve in the road, he heard the engine of a vehicle roaring behind him.
In the curve, the vehicle sped past him, forcing him to move further to the left of the road. He had no choice but to steer his scooter on to the gravel verge of the road. The plaintiff pushed out his right foot, at which point he was run over. “The reverse is also possible for victims of accidents caused by scooter drivers. Scooter drivers can also be negligent by causing other drivers to lose control of their vehicles or even collide with pedestrians.”
Ndlela explained that from the definition of the term “motor vehicle” for the purposes of third-party litigation under the RAF Act, it is apparent that a motorcycle or a scooter qualifies as a motor vehicle.
The definition of a motor vehicle accident in the RAF Act is defined as any vehicle designed or adapted for propulsion or haulage on a road by means of fuel, gas, or electricity.
“Depending on the nature of the claim, both scooter drivers and other road users can claim from the RAF for general damages for pain and suffering; past and future hospital and medical expenses; and past and future loss of income/earnings capacity. Dependants of deceased victims can claim for past and future loss of support and funeral expenses.”
Pretoria News