Pedestrian awarded R2.6m from RAF

After a devastating accident, a pedestrian will receive R2.6 million in compensation from the Road Accident Fund for permanent cognitive and behavioural changes. 

The compensation was awarded for the past and future loss of earnings for the man who was 28 years old at the time of the accident. He was a pedestrian when knocked by a vehicle on 15 September 2019.

At the time, the man had secured employment in Stikland, where he held the position of a general worker since 2017, having assisted in repairing traffic lights that were out of order and required new globes. 

While he was not permanently employed by the company, his position was full-time, and at the time of the accident, he was serving a six-month probation period.

The resilient man had, in hopes of maintaining employment during 2020, returned to his employer after recovering from the accident but in February 2021 he suffered an epileptic seizure while at work and was told not to return. 

He was handed a letter to claim from the Unemployment Insurance Fund (UIF).

The court heard from the neurosurgeon, clinical psychologist, speech and occupational therapists who assessed the plaintiff. They were all in agreement that the serious nature of the plaintiff’s injuries, and their continuing and permanent condition has rendered the plaintiff unemployable in any capacity, and that he can never again become a contender for employment.  

These sequelae include, but are not limited to, severe communication deficits as well as permanent and uncontrollable epileptic seizures.

In the Western Cape High Court, acting judge Ncumisa Mayosi awarded the man for past loss of earnings, future loss of income as well as general damages.