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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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Introduction
The Law on Road Accidents
The Duty of Care of Emergency Vehicles
The Duty of Care of Other Road Users
Conclusion

Introduction

This question concerns the legal implications of a road accident involving an ambulance with sirens on and a private vehicle. It is important to understand the legal framework governing road accidents in Kenya, particularly the duties of care owed by emergency vehicles and other road users.

The Law on Road Accidents

The legal framework governing road accidents in Kenya is primarily found in the Traffic Act, Cap 403, Laws of Kenya. This Act outlines the general rules of the road, including the duties of care owed by drivers and other road users.

The Duty of Care of Emergency Vehicles

Emergency vehicles, such as ambulances, are granted certain privileges under the Traffic Act. These privileges are designed to allow them to respond to emergencies quickly and efficiently. However, these privileges do not absolve them of their duty of care to other road users.

Section 100 of the Traffic Act states that emergency vehicles, when using sirens and flashing lights, are exempt from certain traffic regulations, such as stopping at red lights and giving way at intersections. However, this exemption does not mean that they can drive recklessly or without regard for the safety of others.
Section 101 of the Traffic Act further clarifies that emergency vehicles must still exercise due care and caution when driving, even when using sirens and flashing lights. This means that they must take reasonable steps to avoid accidents, even if it means slowing down or stopping.

The Duty of Care of Other Road Users

While emergency vehicles have certain privileges, other road users also have a duty of care to ensure their safety and the safety of others.

Section 102 of the Traffic Act states that drivers of other vehicles must give way to emergency vehicles using sirens and flashing lights. This means that they must pull over to the side of the road and allow the emergency vehicle to pass.
Section 103 of the Traffic Act further clarifies that drivers of other vehicles must not obstruct the passage of emergency vehicles. This means that they must not park or drive in a way that prevents the emergency vehicle from reaching its destination.

Conclusion

In the event of an accident involving an ambulance with sirens on, the legal implications will depend on the specific circumstances of the accident. Both the ambulance driver and the driver of the other vehicle have a duty of care to ensure the safety of themselves and others. The ambulance driver must exercise due care and caution, even when using sirens and flashing lights, while the driver of the other vehicle must give way to the ambulance and not obstruct its passage.

It is important to note that the Traffic Act does not explicitly state whether an ambulance should stop and wait for the police after an accident. However, it is generally advisable for all parties involved in a road accident to contact the police to report the incident and to ensure that all necessary steps are taken to investigate the accident and determine liability.