Ask a lawyer:
What happens if an ambulance with sirens on hits my car? Should it stop and wait for the police?
Table of Contents
Introduction
Legal Framework in Kenya
Traffic Act
National Police Service Act
Responsibilities of Drivers
Emergency Vehicles
Other Road Users
Liability in Accidents Involving Emergency Vehicles
Determining Fault
Case Laws
Steps to Take After an Accident
Immediate Actions
Reporting the Accident
Conclusion
TLDR
1. Introduction
Accidents involving emergency vehicles such as ambulances, police cars, and fire trucks are unique due to the urgency and nature of their operations. When an ambulance with its sirens on hits your car, the situation can be complex, involving various legal and procedural considerations. This article will explore the legal framework in Kenya, the responsibilities of drivers, liability issues, and the steps to take following such an accident.
2. Legal Framework in Kenya
2.1 Traffic Act
The Traffic Act (Cap 403) of Kenya provides the legal framework for road use, including the operation of emergency vehicles. According to Section 119 of the Traffic Act, drivers of emergency vehicles are granted certain privileges, such as the right to exceed speed limits and disregard traffic signals when responding to emergencies. However, these privileges come with the responsibility to ensure the safety of other road users.
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2.2 National Police Service Act
The National Police Service Act (No. 11A of 2011) also touches on the operation of police vehicles, including those used in emergencies. It mandates that police officers must act with due regard for the safety of the public, even when responding to emergencies.
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3. Responsibilities of Drivers
3.1 Emergency Vehicles
Drivers of emergency vehicles, including ambulances, are required to:
Use sirens and flashing lights to alert other road users.
Exercise due care and caution to avoid causing accidents.
Comply with traffic laws to the extent that it does not impede their emergency response.
3.2 Other Road Users
Other road users are required to:
Yield the right of way to emergency vehicles with active sirens and lights.
Move to the side of the road and stop if necessary to allow the emergency vehicle to pass.
Exercise caution and avoid sudden movements that could lead to accidents.
4. Liability in Accidents Involving Emergency Vehicles
4.1 Determining Fault
Determining fault in accidents involving emergency vehicles can be complex. Factors considered include:
Whether the emergency vehicle was using its sirens and lights.
Whether the driver of the emergency vehicle exercised due care.
The actions of the other driver involved in the accident.
4.2 Case Laws
Case Law 1: Kenya Power & Lighting Co. Ltd v. Nathan Karanja Gachoka & Another [2016] eKLR
In this case, the court held that the driver of an emergency vehicle must exercise due care and cannot be absolved of liability simply because they were responding to an emergency. The court emphasized the need for a balance between the urgency of the emergency and the safety of other road users.
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Case Law 2: Republic v. Evans [2017] eKLR
This case involved a police vehicle that caused an accident while responding to an emergency. The court found that the police driver was liable for the accident due to reckless driving, despite the emergency situation.
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5. Steps to Take After an Accident
5.1 Immediate Actions
Ensure Safety: Move to a safe location if possible and check for injuries.
Call for Help: Contact emergency services if there are injuries or significant damage.
Exchange Information: Exchange contact and insurance information with the ambulance driver.
5.2 Reporting the Accident
Notify the Police: Report the accident to the nearest police station. The police will document the incident and provide an abstract report.
Inform Your Insurance: Notify your insurance company about the accident as soon as possible.
6. Conclusion
Accidents involving ambulances with sirens on are governed by specific legal frameworks in Kenya. Both the drivers of emergency vehicles and other road users have responsibilities to ensure safety. Determining liability can be complex and often requires a thorough investigation. It is crucial to follow the proper steps after an accident to ensure that all legal and procedural requirements are met.
7. TLDR
If an ambulance with sirens on hits your car, it should stop and wait for the police. Both parties should ensure safety, exchange information, and report the accident to the police and their respective insurance companies.
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Answered by mwakili.com