- A young boy struck by a car just two weeks before his third birthday has been awarded over R5.2 million in damages.
- The court found that the accident left him with lifelong challenges, including cognitive, behavioural and learning difficulties.
- The Road Accident Fund was ordered to compensate him for lost earning potential, general damages and future medical costs.
When he was just two years and 11 months old, the boy was struck by a car. The court found that the accident changed his life forever, awarding him more than R5.2 million.
The High Court in the Western Cape heard that the boy was hit as a pedestrian on 9 June 2013, just before his third birthday. More than 10 years later, the consequences of that day still affect every part of his life.
Acting through his mother and guardian, the boy sought compensation from the Road Accident Fund for the devastating impact of his injuries.
Judge M Francis awarded R4.12 million for lost earning potential and another R1.1 million in general damages, making the total award R5 220 425. The Road Accident Fund will also pay for his future medical and related expenses.
A bright future changed in a moment
Doctors described the injury as 'mild', but the court heard that its effects were anything but. The accident caused a brain injury, post-traumatic seizures, head wounds, swelling around his eye and other injuries. Medical experts agreed that the damage left him with permanent cognitive and behavioural challenges.
Before the accident, his family described him as bright, talkative and developing well. Experts said he had reached childhood milestones earlier than expected. As he grew older, however, serious difficulties began to appear.
Assessments found problems with memory, attention, language, listening and problem-solving. Experts also noted behavioural issues, emotional withdrawal, aggression and feelings of inadequacy. Judge Francis noted that the long-term effects of the injury became clearer as the boy grew older.
The judge remarked, “Calling this a 'mild' brain injury should not hide its real impact.” He said the boy was hurt at a very important stage of brain development and now faces permanent difficulties with memory, processing, attention, understanding and managing his emotions.
Dreams of further education lost
Educational experts agreed that, if the accident had never happened, the boy would likely have finished Grade 12 and gone on to further studies, maybe even earning a diploma or degree.
Instead, they concluded that he now faces serious learning delays and is unlikely to finish Grade 12. At best, he may reach Grade 9 and only gain basic skills for a supportive workplace. The court accepted that his chances of getting a job have been dramatically reduced.
Judge Francis found that he will probably be limited to entry-level, minimum wage jobs, if he can get a job at all. “He will not finish school, will be limited to entry-level, minimum wage jobs if he can work at all, and faces a high risk of being unable to keep steady work or, eventually, being unemployable,” he said.
Court highlights the unique tragedy of injuries to very young children
A significant part of the judgment focused on the fact that the boy was injured before he had even started school.
Judge Francis explained that brain injuries in very young children can have effects that only appear years later, as milestones are missed.
The judge said, “A young brain injured before it has learned language, school or social skills may suffer damage that seems mild at first, but is life-changing as the child grows… The full impact of the injury only becomes clear over the years, as the child is expected to do things the injury makes much harder.”
The court found that the injury affected not just his schooling and future work, but also his independence, social life and ability to enjoy life.
Making sure the compensation is protected
Because the boy is still a minor and faces serious cognitive challenges, the court ordered that his compensation must be protected.
Judge Francis ordered that the money be kept in the attorneys' trust account while an investigation takes place to decide if a curator or trust should be appointed to manage it for the boy.
The judge said the court has a duty to make sure that money awarded to vulnerable children is properly protected and used for their benefit.
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