Metrorail Accidents

Metrorail is South Africa’s largest provider of passenger and commuter rail services, transporting up to 2 million passengers per day. As a service provider, Metrorail owes a duty to ensure passenger safety to members of the public that utilise this vital service. Unfortunately, despite this duty of care, the number of train-accident related injuries and deaths continue to increase annually.

WHEN CAN YOU CLAIM?

If you have been injured or your family’s breadwinner has been killed in a railway accident due to the negligence of Metrorail, you are entitled to claim compensation for your injuries and/ or loss from the negligent operator.

You may have a valid claim if you:

  • have personally been injured in a Metrorail accident
  • have fallen or were pushed out of a train due to overcrowding
  • have fallen whilst boarding or disembarking the train
  • have been injured as a result of a failure to close the train doors
  • are the dependant of a deceased breadwinner who has died as a result of a Metrorail accident
  • have been attacked or assaulted on a train due to lack of train security

WHAT CAN YOU CLAIM?

Victims of Metrorail accidents in South Africa can claim compensation for the following:

Past and future medical expenses

Including all surgical and non-surgical treatment, care and medication necessitated by accident-related injuries

Past and future loss of earnings

Actual past loss of income- incorporating unpaid sick leave arising as a result of time off work due to recovery and/ or loss of employment as a direct result of your accident- related injuries; and Projected future loss of income and/ or earning capacity

General Damages

Lump sum compensation for pain, suffering, disability and loss of amenities of life; emotional shock and psychological trauma

Loss of Support

When a breadwinner dies as a result of a Metrorail accident, the dependants (spouse, minor children) can claim compensation for the monetary loss they have suffered due to such death

WHEN MUST YOU CLAIM?

A claim against Metrorail must be instituted within 3 (three) years from the date of the accident. In addition to this three year prescription period for issuing of summons, it is important to note that Metrorail is owned by PRASA- a state owned enterprise, and therefore Notice of your intended legal proceedings must be given within 6 months of when the accident occurred. It is therefore important to seek legal advice from specialist attorneys as soon as possible after the accident.

HOW SHOULD I CLAIM?

If you have a personal injury claim against Metrorail, our experienced team of attorneys at A Batchelor & Associates can provide the necessary advice and support you will need in order to claim compensation for your loss.

Proving negligence in court can be a complicated process and requires a sound knowledge of the applicable laws and precedents, as well as the financial resources to successfully litigate your case. Our specialist attorneys at A Batchelor & Associates are experienced in Metrorail claims and will provide the highest standard of legal service throughout your case.

Metrorail Accident Claims FAQs

Metrorail is South Africa's biggest provider of passenger and commuter rail services. It is owned by PRASA, a State Owned Enterprise (SOE) under the auspices of the Department of Transport. Their primary mandate is to ensure that, at the request of the National Department of Transport or any sphere of government, rail commuter services are provided in the public interest. Metrorail has the custodianship of all commuter and passenger rail assets such as land in and around stations, infrastructure and rolling stock. If a Metrorail user suffers any personal injury due to negligence, which results from a collision, derailment, fall, strike, or fire, they have a claim for their damages against Metrorail.

IMPORTANT CONCEPTS:

When it comes to Metrorail accidents, it is important to note the difference in the following incident types:

  • Collision
    A collision is defined as two or more bodies coming into rough contact unintentionally. In the case of a train, this includes the body of the train.
  • Derailment
    A derailment is defined as one or more wheels derailing or lifting clear of the rails. It includes both main line and yard incidents and can refer to both trains and track equipment.
  • Fall
    A fall is defined as passengers and public falling on SARCC property. Some examples of the cause of falls are: passenger carelessness, vandalism, being pushed, passenger crowding, trespass, weather, obstacles etc.
  • Strike
    A strike is defined as people struck or hit by trains, and does not include objects struck by other objects (see collision or potential derailment).
  • Signals Passed at Danger (SPAD)
    A train driver passing a signal at danger is a reportable safety incident. These incidents are reported in three categories, low, medium and high. Low incidents are those where a train overruns a signal at danger within the overlap, but where there is no damage to infrastructure, injuries or death. Medium incidents are those where a train overruns a signal at danger beyond the overlap, or where adjacent roads converge without catch points, plus any incidents causing infrastructure damage but no injury or death. High incidents are those where a train overruns a signal at danger causing derailment, collision, injury or death.

LIABILITY IN METRORAIL CLAIMS

It is Metrorail’s responsibility to ensure that their passengers are safe while traveling on their trains and using their services, and by transporting millions of people every month there is always a possibility of an accident happening. This can either be on one of their trains or on their platforms while you board or disembark. Metrorail accidents can be quite serious, and if you or a dependent is injured, or your breadwinner has died as a result of a railway accident, you are entitled to claim compensation for your injuries and loss. The claimant always has the burden of proving, on a balance of probabilities, that the train operator is guilty of negligent conduct and that this negligent conduct caused the claimant to suffer damages. This is however not a simple process and will depend on the facts of each individual case. It is therefore advisable to contact us as soon as possible in order to obtain more information relating to your specific case.

The most important aspect is to be able to show negligence on the part of Metrorail, which is why you need professional attorneys to handle your claim. Any injury sustained while on a train or at a station, can lead to a claim and the responsibility lies with the service provider to ensure their trains and infrastructure are safe and in a good condition. But proving negligence in court can be complicated, which is why you could benefit from the professional assistance of our experienced legal team at A Batchelor & Associates, who can represent you and handle your entire claim to ensure that you receive the maximum compensation for your injuries and losses.

WORKING WITH A BATCHELOR & ASSOCIATES

At A Batchelor & Associates, we work with personal injury claims on a regular basis and we have an excellent success record. If you’ve suffered loss or damages as a result of the Metrorail service, we can help.

We have the expertise and experience to handle your Metrorail claim. We will do a thorough investigation, collect all the relevant documentation like hospital reports and witness statements, as well as provide you with expert advice and guidance throughout your entire claim process.

At A Batchelor & Associates your initial consultation is free. At the initial consultation we will advise you on whether or not you have a claim. If we are of the opinion that your claim is worth pursuing, we will accept the instructions on our no win/ no fee basis.

Whether you need help with Metrorail specific claims, or personal injury claims in general, our experienced team of lawyers will advise you on the road forward and whether or not you can proceed to file a lawsuit for damages.