Alcohol and Road Accident Claims
Each year, drunken driving accounts for growing numbers of fatalities on South Africa’s roads. In fact, over half of the victims of annual road accidents, as well as a shocking 1 in every 15 drivers, have blood alcohol levels that are way over the legal limit.
Stricter punitive measures including jail time have been introduced to stop the senseless carnage on our roads. Apart from the loss of life, motor vehicle accidents cost the country approximately R50bn an annum; financial resources South Africa can ill afford.
What is the legal limit?
The legal alcohol limit is 0.05mg per 100ml of blood or 0.24mg per 1000ml of breath for normal drivers.
Professional drivers have to be even more circumspect, with permitted alcohol intake dropping to 0.02mg per 100ml of blood or 0.10 mg per 1000ml of breath.
Punitive measures against drunk driving in South Africa
As part of the Arrive Alive Campaign reliable evidentiary breathalysers provide swift results admissible in court, so there is no escaping due punishment for drivers who opt to drive drunk on South Africa’s roads.
There is no longer the luxury of paying a spot fine. Those apprehended driving over the limit will be arrested and taken to the nearest police station, where they are booked and locked up in a police holding cell, pending the court case.
Once sober, the offending driver is charged and taken to court. If found guilty, he or she could face a fine in excess of R120 000 and/or 6 years in jail. First time offenders can also have their driver’s licence suspended for 6 months, with third or fourth time offenders likely to have their licence revoked for at lest 10 years!
Can I claim damages if I am a victim of a drunk driving accident?
In South Africa a percentage of fuel purchases are set aside to finance the state’s de facto insurer, the Road Accident Fund. Victims can claim damages from the fund for injuries sustained in a motor vehicle accident as long as the accident wasn’t solely due to their fault or negligence.
All other damages and losses can be claimed from the driver who caused the accident or from his or her insurance company.
How to claim damages from the Road Accident Fund
We highly recommend you consult specialist personal injury attorneys in South Africa to institute a claim on your behalf, especially if there is any doubt as to who caused the accident.
An important component in any claim from the Road Accident Fund is to seek medical advice as soon after the accident as possible. Medical personnel will provide the necessary evidence linking the alleged injuries to the accident.
Road Accident Fund claims timeline
Claims must be lodged at the Road Accident Fund:
- Within three years if the identity of the driver or person who caused the accident is known or
- Within two years if the claimant is a victim of a hit and run accident. In the event of a hit and run accident, you must seek legal advice immediately or submit a detailed affidavit to the police within 14 days.
Consult personal injury specialists
DSC Attorneys are specialist Cape Town lawyers with years of experience in personal injury and road accident claims in Cape Town.
If you have sustained injuries in a drunken driving accident, we strongly suggest you consult personal injury lawyers as soon as possible.
