Personal injury claims after a road accident

BY MICHAEL ODUNLAMI

Following a shock from a road traffic accident, it is crucial to remember that you have rights and options, particularly as it relates to your recovery and losses. It is not wise to simply accept your fate and move on, because the law provides avenues for redress and support for victims of road traffic accidents. Seeking immediate medical attention is essential and should be the first point of call, not just for your health alone, but because medical reports can serve as key evidence later if you decide to pursue a case in negligence for compensation for your medical bill and other related losses.

The police should also be involved straight away. You must ensure the police are called to assess the accident scene because involving the police at that point ensures that the facts are formally recorded, helping to avoid disputes down the line, especially as it relates to evidence and testimonies of the “at-fault driver” in court.

Unfortunately, road traffic accident is an everyday occurrence all over the world and not only in Nigeria, and for the unlucky victim of any form of accident, the first feelings are shock and pain, aside from physical injuries sustained. In this circumstance, the victim becomes confused and perplexed, sometimes passing out and losing consciousness. At that point, many people would be confused to the extent of not knowing what to do and simply accept their fate using the popular Nigerian phrase “ Will of God” or “Thank God for Life”. In reality, though, being hit by a vehicle does not leave you powerless, as the law is there to protect you and your well-being, including your future care in serious cases. Thankfully, the law gives you a few options, and knowing them could make all the difference, especially in terms of you getting back on your feet, if your accident is minimal or catering for your long-term medical care in very serious cases, as well as financial compensation, among other remedies.

About a week ago, there was a serious tragedy in Edo State that shocked the entire country. A young lady, Ruth Otabor, a fresh graduate of Auchi Polytechnic, Edo state, was hit by a Dangote Cement truck just six days after completing her Diploma certification. The unfortunate incident has left one of her legs amputated, and doctors are still struggling to save the other as the injury is so severe and life-threatening.

Seeing the incident and the seriousness of the accident, it was reported by some of the eyewitnesses that the erring driver tried to flee the scene but was stopped and apprehended, which is a criminal offence on its own. Ruth’s sister, who happens to be a TV Star by the name Phyna, and a legendary Nigerian actress, Kate Henshaw, are assiduously and jointly demanding justice for Ruth through some avenues. The incident has sparked nationwide outrage over the attitude of truck drivers and the trucks they drive. Although some newspapers have reported that Dangote Cement has promised to cover her medical bills and compensation, the case shows just how suddenly life can change.

It is my advice that whenever you get involved in a road traffic accident, the very first step is to seek medical help, even if you believe you are fine, because there is no apparent injury. This is because sometimes, internal bleeding may not manifest immediately, so it is always better to carry out a holistic medical diagnostic to ensure there is no cause for concern. Even if the injury looks small, let a doctor check you and report. Their report may later serve as evidence in awarding you damages in court. Damages are usually measured according to the seriousness of injury as reported by the doctors’ report.

At the scene of the accident, evidence matters especially if you intend to approach the court or contact the wrongdoer for a settlement out of court. If you can, take photos of the car or truck, the driver, the positioning of the vehicles involved in the accident, demand the document of the car (perhaps taking a picture of the documents), the environment and your injuries. Ask witnesses to help you carry out these tasks if you are incapable, because a situation like that of Ruth would not allow that.

Ask witnesses for their contacts, as their testimonies may be crucial in case the matter goes to court. Once admitted in the hospital for treatment, keep every bill and medical bill and other related costs and a medical report detailing the injuries and the treatment rendered. The information contained in the said report may later form the backbone and cornerstone of your injury claim. It is important, however, to note that if the accident involves a company vehicle, you or your lawyer should immediately notify the company in writing to establish responsibility.

In some cases, where the “at-fault company” or driver accepts liability or fault, most victims simply collect a token as a settlement and move on. That is a gross mistake which must be avoided because the insurance company will simply give you a token compared with when approached by a personal injury lawyer who understands your injury and your rights. While most corporate vehicles and all vehicles for that matter on Nigerian roads are required by law to be insured, insurance cover is often limited in the sum assured.

In essence, every vehicle has a limit on the policy as to what amount can be paid out and where the sum assured is lower than the amount required for your injury, the at-fault driver and company must pay personally to augment the bill. It may settle immediate medical bills, but it rarely covers the lifetime cost of disability, loss of earnings, or the pain of losing a limb or limbs in the pathetic case of Ruth.

In addition to receiving payment from the insurance company of the “at-fault driver or company” for an injury, a victim of a road traffic accident can also sue in negligence for compensation. Personal injury claims can be brought against the driver and or the company, regardless of any money received from the insurance company.

As for the company, under the principle of vicarious liability, companies are responsible for the actions or inactions of their drivers when on duty. Through the courts, a victim can claim not only medical expenses but also compensation for lost income, long-term care and emotional suffering that were occasioned by the accident. Importantly, filing an insurance claim does not stop you from suing in negligence. The two can run side by side, such that insurance payment will come as a quick relief, and a negligence action will bring adequate justice and perhaps compensate you for your pain and suffering, which might take some time.

The story of Ruth Otabor is pathetic and unfortunate, given that she may end up losing her two legs to the accident because of someone else’s fault. Be that as it may, it is a wake-up call to everyone that an accident can happen at any time, and you should never accept it as the will of God. Being knocked down does not mean you are knocked out. With medical attention and a corresponding medical report, evidence, witnesses, legal guidance from an experienced personal injury lawyer, and the courage to press for their rights, victims can rebuild their lives and minimise their suffering as far as money can go if they get awarded damages from the court following a negligent action. The law is there to protect you, so act!

This article is only meant for general understanding. If you believe you’ve suffered any harm or injury due to another person’s fault, and you are concerned about the high cost of hiring a lawyer, you can reach out to an experienced personal injury lawyer who can handle your case on a “NO WIN, NO FEE” arrangement, which simply means you only pay if you win and get compensation.

Michael ‘Lekan Odunlami, Esq. is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected]