updated: 15-Jan-13
When it comes to the protection and rights of children, special attention and care is afforded to them because of their status as minors. As they are minors, it is the responsibility of adults and the law to act on their behalf and always in their best interest. Recently De Broglio Inc laid a claim against the Road Accident Fund, acting on behalf of a minor to the end of preserving the personal security and integrity of our client.
Themba Sibada*, a 3 year old minor, was walking in a residential area with his mother. Across all suburban residential areas, the speed limit is 60 km/h because the legislature, through extensive testing, concluded that at this speed one can stop in time if confronted with an obstruction in the road. Suburban areas see more pedestrians in the streets, including children, and thus one must increase one caution and decrease one speed in order to accommodate the surroundings. At the age of 3, Themba had the ability to walk by himself and at the time of the incident, was not holding his mother’s hand. As they walked along the street, Themba noticed a friend on the other side of the road and ran across the street to greet him. Being of such a young age, when Themba ran across the road he did not look to see if there was any oncoming traffic and was struck by a vehicle. Themba unfortunately suffered from a head injury due to the impact of the car. It was established that the driver of the vehicle indeed saw the two children and should have exercised greater caution due to the unpredictable nature of children.
Merits were found to be 100% in our favor and quantum settled for R1 445 760.00 which was an advantageous result considering the fact that Themba was not holding his mother’s hand at the time he entered into the road. Cases like these further entrench De Broglio Inc. Attorney’s capabilities and expertise in the field of personal injury.
*Names have been changed to protect client confidentiality
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.