Potholes continue to wreak havoc for motorists as damages to tyres, rims and suspensions, as well as accidents increase.
It is estimated that there are more than 25-million potholes on the South African National Roads Agency Limited (Sanral) routes including municipal roads.
According to Kirstie Haslam, partner at DSC Attorneys, the deteriorating conditions of roads across the country are the main cause of road accidents.
“Potholes are damaging vehicles, and the accidents can result in serious injuries and deaths. The situation is worsening,” said Haslam.
“Anyone who has driven through a pothole knows how easily it can cause an accident that might result in serious injuries.
“In the case of large potholes, impact with the road alone may be enough to cause serious injury.”
She said there was an estimated 15-million potholes in 2017, however, according to Sanral, there are now over 25-million potholes and the cause is inadequate road maintenance.
Haslam said former transport minister Fikile Mbalula had said in 2022 during the road construction indaba that about 40% of provincial roads and 80% of national roads are “at the end of their design life”.
“It is estimated that South Africa now needs upwards of R200-billion to fund road maintenance, yet the government spending on roads is actually decreasing.
“The number of potholes on South African roads has risen, so has the number of potholes-related accident claims.”
Haslam said motorists who would get injured or have their vehicles damaged due to potholes should claim for damages from the authority responsible for the maintenance of that road.
“If the accident occurs on a national road, a claim may possibly be made against Sanral, while for damages sustained in an accident on a municipal road, the relevant local municipality or department of public works may be liable.
“If you are physically injured in a road accident caused by a pothole, and the accident is also partly attributable to driver negligence which is not your own, such as when you are traveling as a passenger, you may be able to make a claim for compensation from the Road Accident Fund,” she said.
Many insurance companies across the country have received claims from motorists regarding potholes-related cases.
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