South Africa’s roads are witnessing a surge in collisions involving food and e-commerce delivery drivers, an alarming consequence of the country’s online shopping boom. With the majority of these drivers navigating busy city streets on motorbikes or electric scooters, their vulnerability is starkly reflected in rising accident statistics and the legal ramifications are mounting.
According to Kirstie Haslam, partner at DSC Attorneys and leading personal injury specialist, fatalities involving motorbike accidents have spiked sharply. “Between 2023 and 2024, fatalities from motorbike accidents increased from 1.9% to 3.2% of all reported road accident deaths,” says Haslam. “This is a troubling trend that demands urgent attention.”
The Motorcycle Safety Institute of South Africa corroborates these concerns. Hein Jonker, the Institute’s founder and chief instructor, describes the current crash statistics as “frightening,” noting that data remains fragmented and underreported.
In just one year, accidents involving food delivery riders jumped by 30%, from 84 incidents in May/June 2019 to 109 in the same period of 2020. More recent estimates indicate an average of seven delivery rider incidents on South Africa’s roads each day, with nearly 400 crashes reported in major cities over a single year. Of these, 56 fatalities occurred at the scene, while an additional 16 victims succumbed to injuries later.
“These numbers, though shocking, are already outdated,” Haslam warns. “With the exponential growth of delivery services like Uber Eats, Mr D, and Checkers Sixty60, the actual figures are likely far higher. What’s more concerning is that a large proportion of incidents go unreported due to the precarious legal status of many drivers.”
An estimated 70% of delivery drivers in South Africa are foreign nationals, many of whom are undocumented. “In a country grappling with xenophobia, these drivers are often hesitant to report accidents for fear of harassment or deportation,” Haslam explains.
The delivery driver sector is uniquely exposed to road hazards, including:
- Aggressive time constraints (e.g., Checkers Sixty60’s “60-minute guarantee” regardless of weather conditions)
- Pay-per-delivery incentives that encourage risky behavior
- Long hours with minimal rest
- Inadequate training and poor safety gear
- Old, poorly maintained vehicles
- Hazardous road conditions, especially at night or during rain
- Congested urban traffic.
“These factors create a perfect storm for accidents,” Haslam says. “And when accidents happen, delivery riders are often the most physically exposed on the road.”
What Should You Do If Involved in an Accident with a Delivery Driver?
Haslam advises that all road users, whether a delivery driver, motorist, or pedestrian involved in a delivery-related accident should:
- Pull over safely and alert emergency services immediately.
- Ensure injured individuals are only moved if in imminent danger.
- Remain on the scene and cooperate fully with police instructions.
- Complete a full accident report at the nearest police station if serious injuries or fatalities occur.
- Seek immediate medical attention, even if injuries seem minor.
- Document the scene with photographs and gather witness details.
- Delivery drivers should notify their employer without delay.
Legal Avenues: Road Accident Fund (RAF) and Employer Liability
“Anyone injured in a road accident in South Africa who is not solely at fault has a right to claim compensation from the Road Accident Fund (RAF),” Haslam explains. “This right applies to delivery drivers irrespective of their immigration status, as well as to passengers, pedestrians, and other motorists.”
Employers, too, may bear legal responsibility depending on their contractual relationship with the driver. “If negligence on the part of an employer, such as failing to provide adequate training or safety equipment, can be proven, there may be grounds for additional claims against the employer,” Haslam adds.
A Growing Legal Flashpoint
Recent reports from the Road Traffic Management Corporation (RTMC) indicate that motorcyclist fatalities increased by 14% year-on-year between 2022 and 2023, underscoring the urgent need for stricter safety regulations in the delivery sector. International trends mirror this crisis: the World Health Organization (WHO) cites that motorcyclists account for 28% of global road traffic deaths, with low and middle-income countries like South Africa being hardest hit.
Haslam concludes with a call to action: “We’re facing a ticking time bomb of personal injury claims. Both the government and the private sector must act swiftly to regulate and protect these vulnerable road users. In the meantime, victims and their families must be made aware of their legal rights and the avenues available to seek justice and compensation.”