Road Traffic Accidents in Kenya: What Should You Do After an Accident?

A road traffic accident can happen within seconds, but its consequences can last for years.

A person involved in an accident may be left dealing with injuries, medical expenses, loss of income, damage to property and significant emotional distress. For families, the consequences can be even more serious where an accident results in permanent disability or death.

In the immediate aftermath, however, many people are unsure about what they should do. Should they report the accident? What evidence should they preserve? Who is responsible for the accident? Can they claim compensation?

These questions are important because the steps taken shortly after an accident can have a significant impact on any subsequent claim.

What Should You Do Immediately After an Accident?

The first priority after a road accident should always be safety and medical attention.

If someone is injured, appropriate medical assistance should be sought as soon as possible. Serious injuries may not always be immediately obvious, particularly where a person is in shock after the collision.

Where possible and safe to do so, relevant details about the accident should also be recorded.

These may include information about the vehicles involved, the drivers, witnesses and the location of the accident.

If it is safe and practical, photographs of the accident scene and vehicle damage may also help preserve evidence.

However, no photograph or piece of evidence is more important than ensuring that injured people receive appropriate medical attention.

Should the Accident Be Reported?

Road traffic accidents may need to be reported to the relevant authorities depending on the circumstances.

A police report or other official record can become important evidence when investigating how an accident occurred.

Where there are serious injuries, fatalities or significant disputes about what happened, official documentation can become particularly important.

The precise reporting requirements can depend on the circumstances of the accident.

Who Is Responsible for the Accident?

Determining liability is not always as simple as identifying which vehicle suffered the most damage.

The circumstances of the accident need to be examined carefully.

A driver may be alleged to have been speeding, driving carelessly, overtaking improperly, ignoring traffic rules or otherwise failing to exercise reasonable care.

However, liability must be assessed based on evidence.

Witness accounts, police records, photographs, vehicle damage, medical evidence and other information may all help establish what happened.

Where the evidence is disputed, the issue may ultimately need to be determined through the appropriate legal process.

What If You Were a Passenger?

Passengers may also have legal claims where they are injured in a road traffic accident.

A passenger may be injured because of the actions of the driver of the vehicle in which they were travelling or because of the actions of another road user.

The fact that someone was simply a passenger does not automatically prevent them from pursuing a claim.

The circumstances of the accident and the evidence concerning liability need to be examined.

What If the Driver Who Caused the Accident Was Driving a Company Vehicle?

This can introduce additional legal considerations.

For example, a person injured by a vehicle operated in the course of employment may need to consider the relationship between the driver and the vehicle's owner or employer.

The question is not simply who was physically driving the vehicle.

The circumstances in which the driver was operating the vehicle and the applicable legal principles may determine which parties can properly be pursued.

This is why it is important to identify the relevant parties early when assessing a claim.

What Compensation Can Be Claimed?

The compensation available in a personal injury claim depends on the circumstances and the nature of the injuries suffered.

A claim may involve compensation for pain and suffering and, where legally applicable, other losses resulting from the accident.

For someone who has suffered a serious injury, the financial consequences may extend far beyond the immediate medical bill.

There may be ongoing treatment, rehabilitation, loss of income or reduced ability to work.

Where an accident results in long-term consequences, the assessment of the claim may therefore require detailed medical and financial evidence.

Why Medical Records Are Important

Medical evidence can play a central role in a personal injury claim.

A person who is injured should seek medical attention and retain relevant medical records, treatment notes, receipts and other documentation.

It is important to be truthful and consistent when explaining the circumstances of the injury to medical professionals.

The medical evidence may later be used to establish the nature and extent of the injuries and the treatment required.

Where an injury has long-term consequences, further medical assessment may also become necessary.

What If the Injured Person Cannot Work?

An accident can affect a person's ability to earn a living.

For someone whose income depends on physical work, even a relatively short period of incapacity can create serious financial pressure.

Where an injury affects earning capacity, the circumstances need to be carefully documented.

Evidence concerning employment, income, the nature of the work performed and the impact of the injury may become relevant when assessing the claim.

This is particularly important in serious injury cases.

What If the Accident Results in Death?

Where a road accident results in death, the legal issues become even more serious.

The deceased may leave behind a spouse, children or other dependants who relied on their financial support.

There may also be funeral expenses and other losses that need to be addressed.

Claims arising from a fatal accident are subject to particular legal requirements, and the appropriate persons may need to take steps through the relevant legal process.

Families dealing with such circumstances should obtain legal advice rather than attempting to navigate the process alone.

What If You Were Partly Responsible?

Sometimes both parties may have contributed to an accident.

For example, one driver may have been speeding while another may have failed to observe a traffic rule.

The existence of some responsibility on the part of the injured person does not necessarily mean that they automatically have no claim.

The legal consequences of contributory responsibility depend on the facts and applicable law.

This is another reason why an injured person should not abandon a potential claim simply because they believe they may have made a mistake.

The evidence should be assessed objectively.

What If the Insurance Company Contacts You?

After an accident, an insurer or representative may contact the parties involved.

It is important to understand what you are being asked to provide or sign.

Insurance companies have legitimate roles in processing claims, but an injured person should not sign documents or accept a settlement without understanding the legal implications.

A settlement may have consequences for future claims, particularly where the full extent of an injury has not yet been established.

If you are uncertain about a proposed settlement, obtaining legal advice before accepting it can help you understand your position.

Why Evidence Should Be Preserved

Evidence can become harder to obtain as time passes.

Witnesses may forget details. Documents may become difficult to locate. Vehicles may be repaired or disposed of. Medical records may need to be obtained from different facilities.

Preserving evidence early can therefore make the investigation of the claim much easier.

Important documents may include:

• Police records.

• Medical records.

• Medical bills and receipts.

• Photographs of injuries and vehicles.

• Insurance correspondence.

• Witness contact information.

• Employment and income records.

• Repair estimates.

• Relevant communications concerning the accident.

The exact evidence required depends on the circumstances.

How Long Do You Have to Bring a Claim?

Personal injury claims are subject to legal limitation periods.

This means that an injured person should not assume that they can wait indefinitely before taking action.

The applicable limitation period can depend on the nature of the claim and the circumstances involved.

Waiting too long may result in a claim becoming time-barred or create other legal difficulties.

For this reason, anyone who has suffered injury in a road accident should consider seeking legal advice as early as reasonably possible.

Does Every Accident Need to Go to Court?

No.

A personal injury claim may sometimes be resolved through negotiation without proceeding to a full trial.

The parties may negotiate compensation based on the evidence and the applicable legal principles.

A settlement can sometimes provide a quicker resolution and avoid the time and expense associated with prolonged litigation.

However, an injured person should understand the value and implications of a proposed settlement before accepting it.

Where the parties cannot agree, court proceedings may become necessary.

Why You Should Seek Legal Advice Early

Road accident claims can involve several overlapping issues.

There may be questions concerning liability, insurance, medical evidence, employment, damages and limitation periods.

Trying to manage all of these issues without understanding the legal process can be difficult, particularly while recovering from an injury.

An advocate can help assess the circumstances, identify the relevant parties, gather and review evidence, communicate with insurers or opposing parties and advise on whether negotiation or litigation is appropriate.

Early legal advice can also help prevent avoidable mistakes.

Conclusion

A road traffic accident can have consequences that extend far beyond the day of the collision.

If you have been injured, the most important immediate step is to obtain appropriate medical attention and ensure that the accident is properly documented.

After that, preserving evidence and obtaining legal advice can help you understand whether you have a claim and what options may be available.

Do not assume that you are automatically entitled to a particular amount of compensation, and do not accept a settlement simply because an insurer or another party has offered one. The circumstances of each accident are different.

At G.K. Kimani & Associates Advocates, we assist clients with personal injury claims, road traffic accident matters, compensation claims and related litigation.

If you or a loved one has been injured in a road traffic accident, obtaining legal advice early can help you understand your rights, assess the available evidence and determine the appropriate way forward.

This article is intended for general informational purposes and does not constitute legal advice. Personal injury and road traffic accident claims are fact-specific and subject to applicable legal requirements and limitation periods. Professional legal advice should be obtained promptly after an accident.