Passenger grapples with physical and emotional aftermath of an accident in Carlswald

A recent article titled Taxi driver smashes and dashes, highlighted the unfortunate incident in which passengers got injured in Carlswald.

One of the victims of the accident, Lorina Mabhena (32), has shared her heartbreaking story about the struggles she faced in the aftermath of the incident.

On November 27 last year, Mabhena was a passenger in a taxi that collided with a residential complex in Eastbourne Road near Norfolk Road.

As a result of the collision, she suffered a dislocated hip which has had a significant impact on her life.

The Johannesburg Metropolitan Police Department (JMPD) was informed of the incident and responded immediately to the scene.

Medical attention was provided to Mabhena and other passengers who were also injured in the incident, by the Emergency Medical Services (EMS).

Mabhena said this harrowing experience of a taxi accident happened while she was travelling from Olivenhoutbosch to the Mall of Africa.

She recollects that the taxi suddenly lost its brakes and collided with a fence, leaving her and other passengers stranded.

“I was lying down, waiting for the ambulance to arrive. It took almost 30 minutes for them to locate us, and there were other passengers inside. Only two of us, including myself, sustained bad injuries,” she explained.

Finally, the ambulance arrived and Mabhena was rushed to Life Carstenhof Hospital for immediate medical attention.

The doctors conducted an X-ray to assess her injuries and admitted her to the hospital for further treatment.

“I was hospitalised from November 27th to December 11. The doctors performed an eight-hour operation to reposition my hip back to normal. The operation cost a total of R90 000 and I am still in need of R20 000 to fully pay off my medical bills.”

The incident has left a lasting impact on Mabhena’s life, and she continues to grapple with the physical and emotional aftermath of the accident.

“I have been severely affected by my injuries and am unable to move or work. I work as a cleaner, but since the accident, I have been at home. I rely on others for assistance as I am unable to perform daily tasks.

“I had hoped that the owner of the taxi would reach out to me, but I have not heard from them. This has caused me a lot of emotional pain. My injuries are preventing me from walking or doing anything.”

Mabhena concluded that she had not yet opened a case with the police as she was still waiting to recover.

Superintendent Xolani Fihla, the spokesperson for the JMPD confirmed that officers attended the accident scene at about 07:45 in the morning.

He also confirmed that the taxi driver did not flee the scene as the JMPD officers manage to record and compile an accident report form for submission at the JMPD Accident Office.

Fihla said the vehicle had 10 occupants including the driver at the time of the accident.

“The male driver sustained no injuries and at the time of the recording of that accident, nine passengers from the vehicle were reported to have sustained slight injuries.

“The driver alleges that he was travelling on Norfolk Road attempting to avoid traffic on Harry Galaun Drive when he lost control of the vehicle and crashed into the electricity pole and fence,” said Fihla.

“A citation was issued to the driver for operating a motor vehicle on a public road which was either not licensed or failing to display the valid license disc.”

Lead 2: Process of reporting vehicle accident to claim accident funds

According to the South African Police Service, there are many ways to report a vehicle accident and claim from the Road Accident Fund in SA, however, all of this takes procedure.

One should report the accident to any police officer at a police station or any office set aside by a competent authority like metro police for use by a traffic officer, and there produce his or her driving licence and furnish his or her identity number and such information as required.

This must be done in terms of Section 61 of the National Road Traffic Act, 1996 (Act 93 of 1996).

A pedestrian or a passenger victim of a road accident may report his or her involvement at any police station. He/she must present proof of identification.

If not, the victim must provide proof that he or she was a pedestrian or a passenger by providing his or her hospital records, if applicable, and a statement/affidavit stating that he or she was a pedestrian or a passenger involved in the road accident.

Names must not be added to an Accident Report (AR), however, the hospital records and statement/affidavit must be filed with the AR at the police station file.

A road accident must be reported in person. It may not be reported over the telephone or by a third party.

A person wanting to report his/her involvement in a road accident may not be referred unnecessarily from one department to another, one office to another, or from one police station to another.

The driver must present his or her driving licence when reporting a road accident at a police station or other competent authority like the metro police.

The official AR Form must be completed for all road accidents that occur on a public road and where a vehicle was involved, including all roads where the public or part of the public has the right to access. This could include private property.

The AR Form can/may be completed personally by a driver of a vehicle involved in a road accident where no criminal case docket has been opened/registered, only if he/she is in a condition to do so. A police official, traffic officer or other authorised person must be prepared to help the driver complete the form.

An individual AR Form must be completed for each driver/pedestrian reporting a road accident, irrespective of how many parties there are. This is to allow everyone to give their version of the road accident.

Every effort must be made to specify the exact location of the road accident. This is critical and of the utmost importance. It is essential that the information recorded on the AR Form is an accurate reflection of the circumstances of the road accident, and that the form is correctly completed.

Once the AR Form has been completed, an entry must be made in the official Accident Register (SAPS 176), Occurrence Book, etc. The driver/pedestrian must be given an official reference number as proof that the road accident has been reported.

At the prescribed fee, a photocopy of this form may be furnished to an involved party namely, the driver, passenger, cyclist, or owner of damaged property) if an official request form is completed, and they can prove that they are the involved party. If a person who is not an involved party requests a photocopy of this form, they must have the written permission/authority of the involved party if they are acting on their behalf or the request must be referred to the relevant Deputy Information Officer for the necessary attention.

The Road Accident Fund (RAF) and Road Traffic Management Corporation (RTMC), or an agent acting on their behalf (with the necessary documentary proof from the RAF or RTMC), may be furnished with a certified photocopy of this form without the consent of a party involved in the accident, and free of charge.

If a case docket has been opened/registered for a crime investigation by the police and the matter is still under investigation, any request for a photocopy of this form must be forwarded to the Deputy Information Officer.

Lead 3: A road accident will be criminally investigated by the police in the following instances:

• When a person has been killed (culpable homicide),
• When a person has been seriously injured,
• When a vehicle of a national or provincial government department has been involved in an accident or contributed to an accident,
• When it appears that a serious offence has been committed, and/or
  a written complaint is made by either a victim of the road accident, an eye-witness or a member of the community that an offence has been committed.
• If the road accident is not reported within the mentioned period, and the driver fails to give a reasonable explanation for the late reporting, he or she must be issued with a Written Notice to Appear in Court (J 534) or an Infringement Notice in terms of Administrative Adjudication of Road Traffic Offences Act (AARTO), 1998 (Act No. 46 of 1998).