Seeking Compensation After Traffic or Industrial Accidents in Kenya
Being involved in an accident, whether on the road or at work, can be a stressful and confusing experience, especially if it leads to injury or death. This article aims to empower you, the Kenyan public, with knowledge of your rights and the steps you should take if such an unfortunate event occurs, including how to seek damages (compensation).
Road Traffic Accidents (RTA): Your Duty and What to Do Afterwards
The Kenyan Traffic Act outlines clear guidelines for conduct following a traffic accident. Here’s a breakdown of your responsibilities:
1. Stop and Exchange Information: If the accident results in injury, damage to a vehicle, or harm to animals like dogs or cattle (donkeys, goats, and other property are not explicitly mentioned but it’s best to err on the side of caution and exchange information), you are legally obligated to stop. You must then provide your name, address, and if applicable, the owner’s details for the vehicle involved.
2. Reporting to the Police: Within 24 hours, report the accident to the nearest police station, especially if someone is injured. This holds true even for property damage if names and addresses weren’t exchanged at the scene.
3. Vehicle Inspection: Police officers have the authority to inspect your vehicle involved in the accident.
Road Accident Injuries: Taking Care of Yourself and Your Case
If you’re injured in a traffic accident, prioritize your health and well-being. Here are some crucial steps to take:
1. Gather Evidence: If possible, collect details of the other vehicle involved, including license plates. Ask bystanders to record this information if you’re unable. Photos of the accident scene can be incredibly helpful later.
2. Seek Medical Attention: Getting prompt and proper medical treatment is paramount. Don’t hesitate to seek the best care available, as complications can arise from delayed or inadequate treatment.
3. Medical Records: Ensure you obtain copies of all your medical records related to the accident.
4. Track Expenses: Keep receipts for all accident-related expenses, such as hospital bills, transportation costs, and medication. These can be claimed as special damages in court.
5. Discharge Summary: Review your discharge summary to ensure it accurately reflects all your injuries.
Reporting and Legal Steps:
1. Report the Accident: File an official report of the accident at the nearest police station.
2. P3 Form: Request a P3 form, which is a medical report completed by a police doctor that documents your injuries. This form is crucial evidence in court.
3. Traffic Case Testimony: If called upon to testify in the traffic case against the other driver, cooperate fully. A successful conviction can significantly strengthen your own civil case for compensation.
Were You Blamed for the Accident?
If you find yourself on the receiving end of an accident accusation, here are some important actions to take:
1. Gather Information: If possible, collect details of any injured parties. This can help defend against potential false claims.
2. Stay Put (if safe): Unless your safety is at risk, remain at the scene until the police arrive. This allows for a more accurate investigation.
3. Report the Accident: File a police report and provide a clear statement of the events. Request a copy for your records. Our memories can fade over time, so a documented account can be invaluable later.
4. Inform Your Insurance Company: Contact your insurance company to report the accident.
Industrial Accidents: Protecting Yourself in the Workplace
Accidents can also occur in the workplace. Here’s what you should do if you’re involved in one:
1. Employment Proof: Ensure you have documentation to verify your employment status with the company.
2. Medical Attention: Seek medical help immediately following the accident.
3. Record Keeping: Retain all medical records and receipts for any accident-related expenses.
4. Negligence Evidence: If you believe the accident resulted from employer negligence, gather any evidence that supports your claim. This could include witness statements, safety reports, or company policies that may have been violated.
Navigating the Court System: Compensation and Finding the Right Lawyer
1. Seek Legal Expertise: Engage a qualified lawyer to represent your case. Verify that your lawyer has a valid practicing certificate for the current year. Look for someone with experience handling personal injury claims.
2. Time Limits: Remember, there’s a three-year window from the date of the injury to file a lawsuit in Kenya.
3. Medical Verification: Your lawyer will likely arrange for a medical examination by a doctor who will provide a report detailing the extent of your injuries.
4. Medical Reports: Both your lawyer and the defendant’s lawyer will likely have you examined by a doctor who will issue a medical report. These reports play a crucial role in determining the severity of your injuries and the associated compensation.
5. Jurisdiction: Lawsuits are typically filed in the court closest to the accident site or the defendant’s residence. There are also monetary limits for different courts. Cases exceeding Ksh. 20 million should be filed in the High Court. Your lawyer will advise you on the appropriate court venue.
Compensation: What You Deserve
The amount of compensation you receive depends on the nature and severity of your injuries. Here are some general points to consider:
1. Death Compensation: In tragic cases of wrongful death, a guardian ad litem is appointed to represent the deceased’s estate. Compensation is typically based on the deceased’s earnings, age, and contributions to their family.
2. Liability: The burden of proof lies with you to demonstrate that the other party was at fault for the accident.
3. Court Findings: The court will determine liability, considering factors like “act of God” (unforeseeable events), sole responsibility of one party, or shared responsibility.
After the Judgement
1. Payment: Compensation can come from the defendant directly or from their insurance company, or through a declaratory suit against the insurance company.
2. Legal Fees: Your lawyer is entitled to payment for their services and any court costs incurred. It’s important to confirm these fees have been paid before questioning your lawyer’s handling of the case.
Conclusion
Being involved in an accident can be overwhelming. Understanding your rights and the steps to take can empower you to navigate the legal process effectively. This article provides a general overview, and it’s crucial to consult with a qualified lawyer for specific guidance on your unique situation. Remember, seeking medical attention and documenting everything are essential first steps. By following these guidelines, you can increase your chances of a successful outcome and receive fair compensation for your injuries.
Remember: The above is not specific legal advice for you. Always consult a lawyer to determine the best option for your specific situation
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