The main objective of this study was to establish the determinants of compensation to road traffic accident claimants in Kisumu, Kenya. To achieve this purpose of study, three specific research objectives are addressed. Firstly to determine the effect of ignorance of road traffic accident claimants on compensation, secondly to determine the role of legal proceedings on road traffic accident claims on compensation and thirdly to determine the effect of insurance companies’ policies on compensation to road traffic accident claimants.
The target population of this study comprise of 2740 respondents drawn from road accident claimants who have filed claims within Kisumu Law Courts, Lawyers and Advocates dealing with such cases in Kisumu, Magistrates and Judges handling such claims in Kisumu and claims managers of various insurance firms within Kisumu. The research utilized questionnaire, FGD and document analysis to collect the data. The data collected was coded and analyzed through inferential statistics to test the hypotheses.
Table of Contents
CHAPTER ONE
INTRODUCTION
CHAPTER TWO
LITERATURE REVIEW
CHAPTER THREE
RESEARCH DESIGN AND METHODOLOGY
CHAPTER FOUR
DATA ANALYSIS, PRESENTATION AND INTERPRETATION
CHAPTER FIVE
SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS
References
Appendices
CHAPTER ONE
INTRODUCTION
1.0 Overview
This chapter presents the background to the study, definition of the research problem, general objective, research hypotheses, and significance of the study, the scope of the study and definition of terms.
1.1 Background to the research
Every day thousands of people are killed and injured on Kenyan roads. Men, women or children walking, biking, or riding to school or work, playing in the streets or setting out on long trips, will never return home, leaving behind shattered families and communities. “ Millions of people each year will spend long weeks in hospital after severe RTA and many will never be able to live, work as they used to do ” (WHO Report, 2004, p. 7).
Road traffic accidents have become the leading cause of death and disability in many countries across the world. Low-income and middle-income countries which have only 48% of the world’s vehicles are reported to account for about 90% of these casualties. However, while the casualty rate is decreasing significantly in the developed world as a result of ambitious accident countermeasures put in place, in developing countries like Kenya limited attention has been paid to this growing threat. Hence, while RTA are predicted to further decrease by 27% in countries of the developed world by 2020, they are estimated to increase by 83% in low income and middle income countries (WHO Report, 2004). The economic and psychosocial consequences of these crashes for the rural and urban poor, majority of whom that make up the vulnerable road users such as pedestrians, cyclists, and occupants of passenger-carrying vehicles, are devastating.
About 3000 people die from road traffic accidents (RTA) daily in the world. Eighty five percent of the deaths and 90% of health years of life lost due to RTAs are from the low income and middle income countries (Peden et al , 2004). Mostly passengers and pedestrians are affected (ibid). One of the top three causes of deaths for 5-44 years age group in many countries is RTAs (World Bank, 2011). This has enormous implications for development.
Road traffic accidents which are generally unintended and preventable are a common risk every day to life that can happen to almost every one, anywhere. The problem of road traffic accident is increasingly becoming a threat to public health and national development in many developing countries. Road traffic accidents contribute to poverty by causing deaths, disabilities, grief, loss of productivity and material damages. The British Medical Journal of 11th May 2002 indicated that more people die on the road traffic accident than from malaria worldwide; and that traffic accident cause about 1.2 million deaths and injury 10 to 15 million people a year in the world. Many people do not know that road traffic accidents are preventable (Krug, 2002).
Road traffic accidents are the most frequent causes of injury-related deaths worldwide (Astrom, et al. 2006). According to the World Report on Road Traffic Injury Prevention traffic accidents account for about 3000 daily fatalities worldwide (Peden et al., 2004). Statistical projections show that during the period between 2000 and 2020, fatalities related to traffic accidents will decrease with about 30% in high income countries. The opposite pattern is expected in developing countries, where traffic accidents are expected to increase at a fast rate in the years to come. World Health Organization (WHO) strategy of 2001 reports that currently road traffic injuries are the leading cause of deaths and injuries, the 10th leading cause of all deaths and 9th leading contributor to the burden of disease worldwide based on disability adjusted life years. The numbers of deaths resulting from RTA have been projected to reach 8.4 million in the year 2020 (WHO, report, 2001).
Worldwide reports reveal the problem of accidents being equally serious. According to research carried out by Pierce and Maunder (1998), under the auspices of Road Research Laboratory in UK, they found out that, road accidents worldwide are estimated to a total of 20,000,000 victims for a time period which 70% of the accidents occurred in developing countries. The number of accidents per registered vehicles was 10% to 20% higher in developing countries than in the developed world. The more general reasons advanced by these researchers for an increase of accidents in developing countries were due to rapidly urbanization process in these countries, high growth rates of traffic, poor road conditions, reckless driving, non-adherence to the traffic regulations by the motorist and the traffic officers (due to corruption) and the majority of people in developing countries were dependant on public transport for their daily movement. In developing countries the public transport system such as minibuses has a much higher accident risk than in developed countries (Pierce and Maunder, 1998).
In developing countries like Kenya, the proportion of serious injured and killed casualties due to RTA are higher than in the developed countries. An analysis of cross sectional data on road traffic related deaths has shown that the poorest countries have highest road traffic related mortality rates (Soderlund et al 1995). In this analysis, many industrialized countries appear to have introduced interventions that reduced the incidence of road traffic injuries and improve survival of those injured (Soderlund et al 1995). In developing countries there are some peculiarities regarding the accident profiles. A study done in Calcutta India, reported that there are some host (human) factors (such as the behaviour of drivers, pedestrians and cyclist behaviours) and seasonal factors (weather and time) that contribute to fatal road traffic accidents Zhang et al (1998). Overall, most traffic accidents occurred on main roads (highways) and in the majority of cases pedestrians were found to be at fault during crossing the roads (Majumder et al 1996).
Studies done worldwide have shown that road traffic accidents are the leading causes of death of many adolescents and young adults (Odero et al 1997; Balogun et al 1992). There is evidence that using minimum safety standards, crash worthiness improvement in vehicles, seatbelts use laws and reduced alcohol use can substantially reduce deaths on the road (Leon 1996). In developing countries, including Tanzania, the scenario is different to developed countries, road traffic accidents are increasing with time and mortality due to road traffic accidents is also on the rise (Asogwa 1992). When taking the population figures into account, developing countries in Sub-Saharan Africa have the highest frequency of various accidents worldwide Peden et al,(2004). Although an implication of this is that the risk environments in countries need further empirical attention, few studies have investigated how people in those societies perceive risk. This scenario calls developing countries to put more effort toward control and prevention of road traffic accident and their outcome. This can be achieved through multidisciplinary approach and research.
Such examination should be undertaken, because traffic accidents have negative impacts on social and economic improvements in developing countries. In this problem there are many agents: The police who are interested in legal enforcement; The insurance companies and vehicle owners in the monetary cost of road accidents; The accident victim and their relatives in those of lives or disability and related cost of medical care and the health care system and medical personnel who are responsible for the emergence treatment and life savings of accident victims (Asogwa 1992).
Each year with the steady growth of various conflicting types of road traffic accidents, and the enactment of new compensation laws among other factors, compensation claims are on a steady increase with hundreds of claims still pending in the courts as others remain unprocessed as corruption hurdles victims seeking compensation on accidents. Compensation payments make up a significant financial burden on society. In Kenya, road traffic accidents compensation is mainly addressed by litigation, which has increased in recent years. The high cost of compensation claims has led to restructuring of compensation administration in many parts of the world such as Canada and New Zealand (Little and Eaton, 1998). In Kenya, the legislation regarding road traffic accidents compensation was modified in 2007 due to the high costs of maintaining these systems, as well as for administrative, legal, and medical reasons.
According to Hammer and Price (2001), accidents are measured and indicated by the number of occurrences, fatalities and injuries, and that monetary values have become established as the principal means by which costs of accidents are estimated. The compensation system for road traffic accidents claimants is widely acknowledged to be inefficient, costly and something of a lottery (Opala, 2008). When accidents occur, many parties are involved for example the advocates, insurance companies, and others as they attempt to make claims for example under the tort system. Due to the loopholes that are found in many principles of law and the way the systems actually work, victims who embark on making claims for compensation are frustrated and disillusioned as they discover that justice is somewhat elusive. The difficulties, delays and hazards of pursuing compensation claims often come as a shock to injured survivors and their families.
To get accident compensation claims, a victim should contact their lawyer immediately after the accident. Lawyers involved in the accident compensation claims need to be experts in personal injury law and should be able to describe events in simple language that even victims can understand. One can make a claim if someone else has been at fault and can pay a sum in damages. One needs to be 18 years and above to make such a claim and the accident should have occurred within the last three years. One can also make a claim if the injury and has caused one to suffer a loss of earnings temporarily. However, if one has suffered an injury due to one’s own actions, one may not receive compensation. The amount of compensation available also depends upon the extent of injuries and loss of income. In case a claim is accepted, the claimant will receive the full amount of compensation. These provisions are enacted to protect the rights of injured workers. Therefore, it is necessary to examine the determinants of compensation to road traffic accident claimants in Kenya in order to establish whether access to compensation by accident claimants can be improved.
1.2 The Statement of the Problem
Compensating road accident claimants adequately and satisfactorily in Kenya is a critical problem despite the relevant laws and institutions being in place. There have been concerns raised in respect to both effectiveness and consistency of the awards made to claimants in Kenya. Ostensibly more and more people are injured in these accidents every year, yet they still struggle to receive compensation, which raises the question of what are the factors that determine how or whether Road Traffic Accidents claimants get compensated. Despite all these problems, Boland (1986) observed that little effort has been made to come up with a concise and proper model of awarding compensation to road accident victims and enacting ways of enforcement of such compensation policies. The main method of compensating road accident victims is by litigation through the judicial system, with out of court settlements as a less popular alternative. Thus the majority of cases on road accident award of damages are subject to the institutional problems of Kenya’s judicial system.
The unfortunate reality is that many people are victims of accidents that they themselves cause. As a result, they are not able to seek a compensation payout. However, if a victim suffers an accident due to the negligence of someone else, that is a different case. The key to any compensation lies with the word “fault,” and that the fault does not belong to the victim. Some unscrupulous individuals within the legal profession know that the possibility of compensation payouts to claimants of accidents exist and seek out claimants of whom they can take advantage of their ignorance. This study therefore sought to establish the determinants of compensation to road traffic accident claimants in Kisumu.
1.3 Objectives of the Study
1.3.1 General Objective
To establish the determinants of compensation to road traffic accident claimants in Kisumu.
1.3.2 Specific Objectives
To achieve this aim, the following specific objectives were used:
i. To determine the effect of ignorance of the claimants on the road traffic accident compensation.
ii. To determine the effect of legal proceedings on compensation to road traffic accident claimants.
iii. To determine the extent to which insurance companies’ policies affect compensation to road traffic accident claimants.
1.4 Research hypothesis
To answer the above objectives the following research hypothesis were tested:
HO1 Claimants’ ignorance has no significant effect on compensation to road traffic accident claimants.
HO2 Legal proceeding has no significant effect on proceedings on compensation to road traffic accident claimants.
HO3 Insurance companies’ policies has no significant effect on compensation to road traffic accident claimants
1.5 Significance of the study
This study sought to improve understanding and awareness of RTAs and determinants for improved decision making. It calls for more attention to the health impacts of RTAs in Kenya as an agenda for public health in order to reduce the burden of RTAs. It calls for decision makers, researchers, practitioners and people to be concerned and contribute to the reduction of RTAs in Kenya. The study will add knowledge on understanding what risk factors contribute to the occurrence of RTAs and related injuries in a restricted risk area in Kenya. The data from the study can be used by the road safety authorities for planning and evaluating road safety measures. The data can also be utilized by the health authorities in Kisumu and possibly at the nation level for planning health care delivery. The study recommendations will benefit the public at large on prevention of road accidents. The data can also be utilized as baseline data in future related researches.
The study will contribute to a deeper understanding of the concept of compensation and to explore how it can contribute to the reforming process of the Motor Vehicles Third Party Risks Cap 405, common law tort system and other related laws in Kenya. Finally, the study will add to knowledge on the subject and help fill, to a reasonable extent, the gap in our knowledge on the subject in the Kenyan setting in general and the Kisumu area in particular.
1.6 Scope of the study
The study is aimed at establishing the determinants of compensation to road traffic accident claimants in Kisumu. For the purpose of generalization or transferability of the findings of this study, it is important to define its boundaries. The scope of this research has to do with the sample, data and methodology. The study site is a county capital with growing motorized transport. The project has as its main focus a case study of the road traffic accident culture in this area. In the first place, the sample size is small and criteria for inclusion in the study were largely by convenience. While it is known that several factors may lead to road accidents, this research will primarily focus on the perceptions and opinions of Accident Victims, Lawyers and Advocates, Magistrates and Judges and Insurance claims managers only not for lack of appreciation of the opinions of other road users but rather because of their over representation in traffic crashes. This also helps to generate a manageable data. The data from the study sample was therefore inhering with non-representativeness.
The study was restricted geographically to Kisumu town and covered the RTA claimants victims who have filed claims within law courts; it also focused on Lawyers and Advocates dealing with such cases within Kisumu law courts and Magistrates, Judges who are handling such cases within law courts as well as claims managers of various insurance companies within the Kisumu. Conceptually this study was limited in scope; it does not cover all aspects of compensation of accident claimants in Kenya, it only focuses on road traffic accident claimants. The study was conducted between August, 2013 and October, 2013.
CHAPTER TWO
LITERATURE REVIEW
2.0 Introduction
This chapter reviews a number of publications (articles, seminar papers, government policy papers, conference proceedings, training manuals, legislative documents, research reports, business journals, textbooks, newspapers, and periodicals). To shed light on the determinants of compensation of road traffic accident claimants, this literature review discusses the findings of various authors on the study. The chapter is subdivided into sub-sections under the following:-
2.1 Global overview of concepts of road traffic compensation of suffered injuries
Road traffic compensation of `injuries are a major but neglected public health challenge that requires concerted efforts for effective and sustainable prevention. Of all the systems with which people have to deal every day, road traffic systems are the most complex and the most dangerous. Worldwide, an estimated 1.2 million people are killed in road crashes each year and as many as 50 million are injured. Projections indicate that these figures will increase by about 65% over the next 20 years unless there is new commitment to prevention. Nevertheless, the tragedy behind these figures attracts less mass media attention than other, less frequent types of tragedy (Margie et al., 2004).
The World report on road traffic injury prevention is the first major report being jointly issued by the World Health Organization (WHO) and the World Bank on this subject. It underscores their concern that unsafe road traffic systems are seriously harming global public health and development. It contends that the level of road traffic injury is unacceptable and that it is largely avoidable (Peden et al., 2004).
Every day around the world, more than 3000 people die from road traffic injury low-income and middle-income countries account for about 85% of the deaths and for 90% of the annual disability adjusted life years lost because of road traffic injury. Projections show that, between 2000 and 2020, road traffic deaths will decline by about 30% in high-income countries but increase substantially in low-income and middle-income countries. Without appropriate action, by 2020, road traffic injuries are predicted to be the third leading contributor to the global burden of disease and injury
Road traffic injuries have social and economic costs. Everyone killed, injured or disabled by a road traffic crash has a network of others, including family and friends, who are deeply affected. Globally, millions of people are coping with the death or disability of family members from road traffic injury. It would be impossible to attach a value to each case of human sacrifice and suffering, add up the values and produce a figure that captures the global social cost of road crashes and injuries (Peden et al., 2004).
The economic cost of road traffic crashes and injuries is estimated to be 1% of gross national product (GNP) in low-income countries, 1.5% in middle-income countries and 2% in high-income countries. The global cost is estimated to be US$ 518 billion per year. Low-income and middle-income countries account for US$ 65 billion, more than they receive in development assistance (Peden et al., 2004). Road traffic injuries place a heavy burden, not only on global and national economies but also household finances. Many families are driven deeply into poverty by the loss of breadwinners and the added burden of caring for members disabled by road traffic injuries.
By contrast, very little money is invested in preventing road crashes and injuries. Comparatively little is spent on implementation, even though many interventions that would prevent crashes and injuries are well known, well tested, cost-effective and publicly acceptable. Over 3000 Kenyans are killed on our roads every year, most of them between the ages of 15 and 44 years. The cost to our economy from these accidents is in excess of US$ 50 million exclusive of the actual loss of life. The Kenyan government appreciates that road traffic injuries are a major public health problem amenable to prevention. In 2003, the newly formed Government of the National Alliance Rainbow Coalition took up the road safety challenge. It is focusing on specific measures to curtail the prevalent disregard of traffic regulations and mandating speed limiters in public service vehicle (Margie et al., 2004).
2.1.1 The Concept of Road Traffic Accidents
Eastman (1990) defines an accident as a condition of liability, subject to and contingent upon a complex of identifiable events. According to Simpson, (2002), accident is a sequence, a chain of events, or a series of interactions between the person or environment or agent, including the measurable or recognizable consequences. Rubinow (2003) defines road traffic accidents as those accidents occurring to a commuter while travelling or crossing roads, which create problems of which the systems of Insurance Liability and Compensation are attempted solutions. There are two absolute requirements for an accidental injury to occur: first there must be a situation present in the environment which threatens injury to the person exposed to it; and secondly there must be a person susceptible to injury and exposed to the hazard. Medically, accidents are of consequence as a cause of death and disability; therefore it is not the accident, as such, that is of significance, but the consequence.
Suchman and Scherzer (2001) have suggested a general theoretical concept of the occurrence of accidental injury. They have proposed that accidents be regarded as phenomena reflecting a balance between subjective assessment of the probability of injury and risk taking behaviour. These factors must be assessed in terms of the environment which contains situations representing various degrees of risk of accident. In this way, accident prevention might be achieved by: (a) reducing the accident potential of the environment; (b) increasing the accuracy of judgment of the probability of an accident, or (c) decreasing the willingness to take chances. The above authors emphasize the fact that accidents play a considerable part in the conduct of modern business, and are sufficiently numerous to warrant careful study with a view to eliminating them or mitigating their consequences.
Road Traffic Accidents in Kenya - Bushan (1963) observed that Kenya had one of the highest road accidents rates in the world with 2,116 deaths in 1991. The Kenya Times of August 8, 1995 showed that death on Kenyan roads posed a threat to the country's economy and was causing concern within the insurance industry as mentioned earlier. Onditi (1995) while writing on the death of 13 students of Ortum Secondary School through a road accident challenged Kenyan leaders to take decisive action on road carnage and not merely send messages of condolences. The death, in the Central Province, of 14 Nijiri High School students in March 1996 in a road accident demonstrates the increased rate of road traffic accidents.
In April the same year a family of 10 perished in a road accident in Kisii, Nyanza province, while another 10 passengers perished in Kakamega in Western province (Daily Nation 96). Road accidents are ranked the highest killer of Kenyans of all walks of life. Calculation from police figures show that 'an average of 9 people is killed on Kenyan roads every day (Daily Nation 1996). 'The government efforts to control road traffic accidents have not been emphatic and systematic. In 1987, the government wanted speed controllers to be fitted into all public service vehicles. The public service vehicle (PSV) operators lobbied and the plan was <shelved. The government also came up with a requirement that all vehicles must be it was very expensive. In March 1996, the government recommended that all public service vehicles be fitted with speed recording devices (SRD). Matatu lobbyists rejected the device and the government gave in to their demands. The government instead ordered that speed governors be brought back, (although nothing has happened since then. The matatu operators accepted the speed controllers but insisted that all motorists and not only matatus must fit the speed controllers. They even went ahead to stage a strike to oppose all government suggested devices to curb road accidents.
2.2 Concept of Compensation
RTAs Compensation is the indemnification of a road accidents victims or his dependents by an insurance companies for any economic loss due to injuries suffered because of his connection with the particular RTAs. The burden of cost of compensation is usually placed upon the insurance companies as the representative of insurer (Bohlen 2001).
The problem of compensating RTAs victims for loss resulting from RTAs is essentially social and economic; social, because it is a direct concern of organized society; economic, because the loss must be measured in terms of economic welfare and because the compensation should be proportioned to the loss so measured. It should be remembered that the legal problem is secondary although vital; it consists in expressing, in the form of legislation, the judgment of society. Such legislation lays down rules governing the method of compensation and empowers public officials to administer and interpret the law, but it is only a vehicle for the accomplishment of socio-economic purposes (Rubinow, 2003). However, the author does not consider that the RTAs victims themselves is usually hard-pressed to meet the necessary expenses of existence and is entirely incapable of providing adequately for himself and his dependents in case an accident removes his source of income. Unquestionably, were his the only loss from RTAs, there would be an overwhelming need for investigation and the application of remedial measures? Therefore this study will examine the determinants’ of the compensation of RTAs victims in order to come up with solutions.
Damage suits are a frequent result of RTAs and these cause friction between insurance company and insurer involve large expense in the defense of claims on the part of the former. If there were no RTAs production would proceed on a more efficient basis and the attention given to the consequences could be expended on other problems.
Thus far the effect of RTAs on those most vitally and directly interested has been examined, but if social action is to be demanded people in general must be informed of their interest in the problem. In addition, the injured man and his dependents must be cared for, with a consequent decrease in their productivity. If the RTAs victims sue the insurer employer for damages the expensive machinery of the law is set in motion and another heavy item of loss is added, for cases of this sort occupy a large share of the court's time where RTAs compensation laws are not yet in force.
Many accidents can be traced to a lack of care or to actual wrongdoing on the part of RTAs victims, but by far the greatest share of casualties is due to the hazard of RTAs. By the hazard of RTAs is meant that hazard which accounts for accidents not due to the personal fault of any individual therefore responsibility for their occurrence should be assigned to insurer.
Under the public road in Kenya to obtain minimum third party insurance cover for liabilities in respect of death or bodily injuries to third parties. The spirit of the Act is heavily borrowed from the Road Traffic Act enacted in Britain in Challenges Faced in MTPL Motor insurance premium rate determination and monitoring continue to be a challenge due to the following: Lack of integrated data and cooperation between the insurance industry and the traffic enforcement agencies has also led to increased fraud. Claims management procedures within the insurance companies are lengthy and not consumer friendly. Disparity in policy offerings due to variation in policy contract wording. Under the Common Law, there were unlimited levels of compensation for third-party injuries and therefore exposure on the insurers-unlimited exposure with a limited capital base led to the instability of the companies.
A number of insurance companies offer insurance cover to Public Service Vehicles (herein after referred to as‘PSV’S’), to ensure compliance by motor vehicle owners with the provisions of Cap 405. The companies have however, faced enormous challenges in the underwriting of PSV insurance business a situation that has from time to time threatened to destabilize the entire insurance industry. PSVs operates in all localities with little regulation and their mode of operational to disorder and increase in accidents. This has made insurers reluctant to underwrite this business as result of high loss ratios.
In due time, insurers opted to form a voluntary pool to handle PSV business, an initiative that failed in1984. This led to a crisis in the country, as there was no insurance provider for compulsory motor third party insurance. As a result of this lacuna, the Government introduced second compulsory motor pool in 1985 which also failed and was abolished in 1989. After the collapse of the pools, a few private insurance companies started to underwrite this class of business besides other conventional insurance. These companies faced various challenges in respect of PSV underwriting and have alliance collapsed-Eight (8) companies’ between1992 and 2009. Currently only about five (5) companies are providing this insurance.
The main contributory factor to the challenges in PSV underwriting is the unregulated nature of matatu operations which has led to indiscipline and as a result continued increase of road accidents. Malpractice and fraud–this is perpetrated by a syndicate of fraudsters comprised of ambulance chasing lawyers, medical agencies and the Judiciary. Lack of a structured benefits scheme for various injuries leading to victims invariably seeking legal redress under common Cap 405 which imposes strict liability on the insurers issuing auto third party liability covers. The fact is that the owner of a PSV has no obligation to do anything to mitigate the risk. The insurer cannot avoid liability even in the case of breaches of warranties or policy conditions by the insured–very odd scenario which precludes the vehicle owner from taking up responsibility as a stakeholder.
2.2.1 Claim Accident Compensation
There are a lot of misconceptions about what you can and can't claim for when you have suffered an injury, and just how much you should expect to receive in compensation for your accident. The study will cover the basics here, so you will know what your lawyer is talking about, and try and give you some examples of the range of damages that certain injuries attract. General & special damages for personal injury: accident victims are entitled to be compensated for all the losses that have suffered as a result of an accident, which may include: damage to clothing and property, loss of earnings and any quantified loss.
In addition you should be compensated for the pain and suffering that you have gone through as a result of the accident and the consequent injury. Finally you can also claim for any future losses you may suffer, of example an inability to work, loss of promotion prospects, and perhaps an inability to take part in certain sports or hobbies. Lawyers like to split the amount of compensation you should receive (damages) into two separate categories called general and special damages. Basically special damages are all those which are easily quantifiable - loss of earnings, medical expenses, taxi fares, ruined clothes etc. Try and make sure you keep a record of any additional expenses that you incur (including receipts if you can), as this will ensure you do not forget any and that your lawyer can claim them back on your behalf.
General damages are the more difficult as these have to be "assessed" i.e. some monetary value has to be placed on the pain and suffering that you have gone through, your possible future loss of earnings and how the injury may affect your general lifestyle in the future.
Kenyan President Mwai Kibaki on November 2012 assented to new traffic law, geared towards dealing with traffic offenses which account for 25 percent of accidents in the country. According to new traffic law, the Traffic (Amendment) Act 2012 will review the registration and licensing of motor vehicles and the issuance of driving licenses. "The Traffic (Amendment) Act amends various sections of the Traffic Act which has enhanced penalties for various traffic offences."
Notable in the amendments is that every driver of a public service vehicle must undergo a physical fitness test before being issued with a driving license or having it renewed. "In this bill among other things the Inspector General of the police is also mandated to designate areas where a road block can be mounted. Also drivers and conductors of public service vehicles must wear special badges and uniforms," the statement said. The drivers are also required to undergo compulsory tests after every two years to ascertain their competence.
The amendments also seek to deal with the failure of a driver to produce a driving license, driving beyond the stipulated speed limit, driving under the influence of alcohol and causing death from reckless driving. The traffic amendments will also deal with the issue of roadworthy vehicles, punishment for hit and run drivers and the fraudulent issuance of motor vehicle documents. The amendments propose to increase tenfold traffic offences fines.
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