Unfortunately, there are instances, where there is little you can do to avoid getting
caught up in an accident and subsequently getting injured or even death as a result of
the injuries. This could happen in any form as a pedestrian, passenger, driver, rider,
etc.
An injured person is entitled to compensation for injuries caused by road accidents. The
dependants are also entitled to compensation when they lose their loved one.
Negligence and Liability in road accidents
Please note that not all injured persons are entitled to compensation. This depends on
whether the injured party was negligent and their degree of liability.
The negligent party bears the liability for road accidents and they are required to
compensate the persons injured due to their negligence. A driver or passenger is said to
be negligent if he/she has behaved in a thoughtless or reckless manner, without a duty
of care, causing harm or injury to others.
For example, drivers are required to exercise a certain level of care in order to avoid
putting motorists, passengers and other road users at risk. If the driver does not
exercise a reasonable level of care and someone is injured, he or she is said to be
negligent and will be liable for the damages incurred by the victim(s).
It is common to find responsibility for an accident shared among the parties involved.
Taking liability for a road accident is directly proportional to your level of negligence.
Basic steps for claiming compensation on accident claims:
- Report the matter to the police. (If you intend to claim damages for the injuries).
- Seek medical treatment.
- The police will issue a P3 form to be completed and will subsequently give a
police abstract. - Seek the legal services of Ombogo and Company Advocates, a personal injury
law firm in Kenya, for guidance on the claim or compensation process, - The legal process will subsequently commence. At this juncture and with the
advice of your lawyers, you can either negotiate an out of court settlement or
continue with the court proceedings and leave the court to give the final
judgment.
What does a court of law generally consider in personal injury
claims?
- The extent of injuries sustained by the injured party.
- Past and present awards given by other courts in cases of a similar nature.
- Loss of amenities, which is the lifestyle change the injured has endured
and/or will have to endure as a result of the injuries. - Loss of earnings, which is the loss of salaries or wages which were lost by
reasons of inability to work due to the accident and subsequent injuries and
therefore unable to earn from your income generating activities.
The general term for the above mentioned factors is GENERAL DAMAGES
which is defined as damages which are not ascertained and which are subject to
assessment by the court or by the parties through a consent. - Special damages, which are damages that must be strictly claimed and
proven before they can be awarded by the court. The injured party must
produce:
a) receipts in payment of medical expenses.
b) Any other expenses that may be incurred and associated to injuries from the accident. For
example transportation to the medical facility like taxi services.
Please CONTACT us on +254 703 741276 or EMAIL us at legal@ombogo.co.ke for a lawyer to represent you in a compensation process for personal injuries.
