Ask a lawyer:
I have hit and run a person what should i do
I understand this is a very difficult situation, and I want to emphasize that hitting and running is a serious offense in Kenya. It is crucial to understand the legal consequences and take the right steps to mitigate the situation.
Here's what you should do immediately:
Stop your vehicle immediately and check on the person you hit. Your primary concern should be the well-being of the injured person. Assess the situation and provide any necessary assistance, such as calling for an ambulance.
Call the police. Report the accident to the police as soon as possible. Provide them with your location and details of the accident. Do not attempt to leave the scene before the police arrive.
Do not admit fault. While you should be honest with the police, avoid making any statements that could be construed as an admission of guilt. It is best to wait for legal advice before making any statements.
Exchange information. If possible, exchange contact information with the injured person or any witnesses. This will be helpful for the police investigation.
Seek legal advice. Contact a lawyer as soon as possible. A lawyer can advise you on your legal rights and obligations and help you navigate the legal process.
Legal Consequences of Hit and Run
Hit and run is a serious offense in Kenya, and the penalties can be severe. The Traffic Act, Cap 403, outlines the legal framework for road traffic offenses, including hit and run.
Here are some of the potential consequences:
Criminal charges: You could face criminal charges, including:
Failing to stop at the scene of an accident: This offense carries a fine of up to Ksh 100,000 or imprisonment for up to 3 years, or both.
Failing to report an accident: This offense carries a fine of up to Ksh 50,000 or imprisonment for up to 1 year, or both.
Dangerous driving: If your actions leading to the accident are deemed reckless or dangerous, you could face more serious charges.
Civil liability: You could be held liable for the injured person's medical expenses, lost wages, and other damages.
Loss of driving license: Your driving license could be suspended or revoked.
Insurance implications: Your insurance policy may be invalidated, leaving you responsible for all costs associated with the accident.
Important Considerations
The severity of the injuries: The consequences of a hit and run will depend on the severity of the injuries sustained by the victim. If the injuries are serious or fatal, the penalties will be more severe.
Your driving record: If you have a history of traffic violations, you are more likely to face harsher penalties.
Cooperation with the police: Cooperating with the police investigation can help to mitigate the consequences.
Seeking Legal Assistance
It is crucial to seek legal advice from a qualified lawyer as soon as possible. A lawyer can help you understand your legal rights and obligations, negotiate with the police and insurance companies, and represent you in court if necessary.
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Remember, it is always better to be honest and cooperate with the authorities. By taking the right steps, you can minimize the legal consequences of your actions.
Answered by mwakili.com