Ask a lawyer:
I have hit and run a person what should i do

mwakili.com

Introduction
Legal Consequences of Hit and Run
Steps to Take After a Hit and Run
Conclusion

Introduction

I understand that you are in a difficult situation. Hit and run accidents are serious offenses in Kenya, and it is important to understand the legal consequences and take appropriate steps. This response will provide you with information on the legal framework surrounding hit and run accidents in Kenya and guide you on the actions you should take.

2. Legal Consequences of Hit and Run

Hit and run accidents are a criminal offense in Kenya. The legal framework governing such incidents is outlined in the Traffic Act, Cap 403, Laws of Kenya.

2.1. Offenses under the Traffic Act

The Traffic Act defines several offenses related to hit and run accidents:

Failing to Stop: Section 100 of the Traffic Act states that any driver involved in an accident resulting in death or injury to a person or damage to property must stop at the scene of the accident. Failure to do so is an offense.
Failing to Report: Section 101 of the Traffic Act requires the driver involved in an accident to report the accident to the nearest police station within 24 hours. Failure to report is also an offense.
Leaving the Scene: Section 102 of the Traffic Act states that any driver involved in an accident resulting in death or injury to a person must remain at the scene until the arrival of the police or until they are authorized to leave by a police officer. Leaving the scene before fulfilling these requirements is an offense.

2.2. Penalties for Hit and Run

The penalties for hit and run offenses are severe and can include:

Imprisonment: The Traffic Act prescribes imprisonment terms for various hit and run offenses, ranging from a minimum of six months to a maximum of five years.
Fines: In addition to imprisonment, the court may impose substantial fines.
License Suspension or Revocation: The court may suspend or revoke the driver's license.
Compensation: The court may order the driver to pay compensation to the victim or their family for injuries, medical expenses, and other damages.

3. Steps to Take After a Hit and Run

It is crucial to understand that the legal consequences of a hit and run accident are serious. The following steps should be taken immediately after an accident:

3.1. Stop at the Scene

Stop your vehicle immediately: Do not leave the scene of the accident.
Check for injuries: Assess the situation and check for injuries to yourself and the other parties involved.
Provide assistance: If possible, provide assistance to the injured parties.
Call for help: Contact the police and emergency services immediately.

3.2. Report the Accident

Report to the police: Report the accident to the nearest police station within 24 hours.
Provide details: Provide the police with all relevant details of the accident, including the date, time, location, and any witnesses.
Obtain a police report: Obtain a copy of the police report for your records.

3.3. Seek Legal Advice

Consult a lawyer: It is highly recommended to consult with a lawyer specializing in traffic offenses.
Understand your rights: A lawyer can advise you on your legal rights and obligations.
Negotiate with authorities: A lawyer can assist you in negotiating with the police and other authorities.

4. Conclusion

Hit and run accidents are serious offenses in Kenya with severe legal consequences. It is crucial to understand the legal framework and take appropriate steps after an accident. By stopping at the scene, reporting the accident to the police, and seeking legal advice, you can mitigate the potential legal repercussions and ensure that you are protected. Remember, it is always better to cooperate with the authorities and seek legal guidance to navigate this complex situation.