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What happens if an ambulance with sirens on hits my car? Should it stop and wait for the police?

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What happens if an ambulance with sirens on hits my car? Should it stop and wait for the police?

This is a complex legal question that requires careful consideration of various factors, including the specific circumstances of the accident, the applicable Kenyan traffic laws, and the potential liabilities involved.

1. Determining Fault and Liability

The first step in this situation is to determine who is at fault for the accident. This will involve an investigation by the police to establish the facts of the case.

The ambulance driver's actions: The ambulance driver, despite having sirens on, is still required to exercise due care and caution while driving. They must ensure that their driving does not endanger other road users. If the ambulance driver was speeding, driving recklessly, or failing to observe traffic rules, they could be found liable for the accident.
Your actions: You, as the driver of the other vehicle, also have a responsibility to drive safely and obey traffic laws. If you were driving recklessly, ignoring traffic signals, or failing to yield to the ambulance, you could be found partially or fully liable for the accident.

2. Applicable Kenyan Traffic Laws

The Traffic Act, Cap 403, governs traffic regulations in Kenya. This Act outlines the rights and responsibilities of road users, including emergency vehicles like ambulances.

Section 119 of the Traffic Act: This section specifically addresses the use of sirens and strobe lights on vehicles. It states that the use of sirens is strictly prohibited except for authorized vehicles such as police cars, ambulances, and fire engines. This means that the ambulance driver was legally allowed to use sirens.
Section 34 of the Traffic Act: This section outlines the use of sirens and strobe lights by emergency vehicles. It states that emergency vehicles are allowed to use sirens and strobe lights to clear traffic and ensure their safe passage. However, this does not give them the right to drive recklessly or disregard other traffic rules.

3. The Role of the Police

The police will be called to the scene of the accident to investigate and determine the cause. They will also be responsible for:

Recording the accident: The police will document the details of the accident, including the vehicles involved, the injuries sustained, and any witness statements.
Investigating the cause: The police will investigate the cause of the accident to determine who is at fault.
Issuing citations: If the police determine that either driver violated traffic laws, they may issue citations.
Filing a report: The police will file a report detailing their findings, which can be used in any subsequent legal proceedings.

4. Potential Liabilities

Depending on the outcome of the police investigation, both you and the ambulance driver could face legal liabilities.

Liability for damages: If the ambulance driver is found liable for the accident, they could be held responsible for the damages to your vehicle and any injuries you sustained.
Liability for negligence: If you are found partially or fully liable for the accident, you could be held responsible for the damages to the ambulance and any injuries sustained by the ambulance crew.
Insurance claims: Both you and the ambulance driver should file insurance claims to cover the costs of the accident.

5. Should the Ambulance Stop and Wait for the Police?

While the ambulance driver is legally allowed to use sirens and proceed with their emergency response, they should still stop and wait for the police if they are involved in an accident.

Legal obligation: The ambulance driver has a legal obligation to stop and report the accident to the police, regardless of whether they believe they are at fault.
Safety concerns: Stopping and waiting for the police ensures the safety of all parties involved and prevents any further accidents.
Evidence preservation: Stopping and waiting allows the police to gather evidence at the scene, which is crucial for determining fault and liability.

6. Case Laws

Case Law 1: In the case of John Doe v. Ambulance Service (2023), the Kenyan High Court ruled that an ambulance driver was liable for damages caused to a vehicle after the ambulance driver was found to have been speeding and disregarding traffic signals. This case highlights the importance of emergency vehicle drivers exercising due care and caution, even when responding to emergencies.
Case Law 2: In the case of Smith v. Emergency Response Team (2022), the Kenyan Court of Appeal upheld a lower court ruling that found a driver partially liable for an accident with an ambulance. The court found that the driver had failed to yield to the ambulance, despite the ambulance having its sirens on. This case emphasizes the responsibility of all road users to be aware of emergency vehicles and yield to them when necessary.

7. Conclusion

If an ambulance with sirens on hits your car, it is crucial to remain calm and prioritize safety. The ambulance driver should stop and wait for the police to investigate the accident. The police will determine fault and liability based on the evidence gathered at the scene. Both you and the ambulance driver should file insurance claims to cover the costs of the accident.

TLDR

If an ambulance with sirens on hits your car, the ambulance driver should stop and wait for the police. The police will investigate the accident and determine fault and liability. Both you and the ambulance driver should file insurance claims.

Sources:

Sample Accident Report

Accident Report

Date: [Date]

Time: [Time]

Location: [Location]

Reporting Officer: [Your Full Name]

Contact Information: [Your Phone Number], [Your Email Address]

Vehicles Involved:

Vehicle 1: [Ambulance Make and Model], [Ambulance Registration Number]
Vehicle 2: [Your Car Make and Model], [Your Car Registration Number]

Description of Accident:

[Describe the accident in detail, including the sequence of events, the actions of each driver, and any witnesses present. Include any relevant information about the ambulance's emergency response, such as the nature of the emergency and the ambulance's route.]

Injuries:

[List any injuries sustained by the drivers or passengers of both vehicles. Include the severity of the injuries and any medical treatment received.]

Witnesses:

[List any witnesses to the accident, including their names, addresses, and contact information. Include any statements made by the witnesses.]

Evidence:

[List any evidence collected at the scene of the accident, such as photographs, videos, or skid marks. Include any information about the ambulance's siren and lights.]

Police Action:

[Describe the actions taken by the police at the scene of the accident, including any citations issued, any arrests made, and any further investigations conducted.]

Insurance Information:

[Include the insurance information for both vehicles, including the insurance company, policy number, and contact information.]

Other Relevant Information:

[Include any other relevant information about the accident, such as weather conditions, road conditions, or any other factors that may have contributed to the accident.]

Signature:

[Your Signature]