People in Nigeria leave their homes everyday and expect to return home safely. Parents drop their children off at school, workers go to their offices, traders take their wares to the markets, and commercial drivers convey passengers from one place to another. A simple journey unfortunately for many Nigerians turns out to be a tragedy due to reckless driving.
Families are losing loved ones, innocent people are suffering life-changing injuries, and survivors are burdened with enormous medical bills and emotional trauma.
Road accidents are often treated as unfortunate events but many are entirely preventable and are a result of negligence.
The law also provides victims with the right to seek compensation for the harm they have suffered, although this is not well known.
Speed driving still constitutes one of the leading causes of road accidents in Nigeria. It is more than just driving fast. These include dangerous overtaking, driving against traffic, ignoring traffic lights, driving under the influence of alcohol or drugs, using mobile phones while driving, overloading vehicles, driving without proper rest and driving vehicles that are not roadworthy. The rise in avoidable road crashes can be attributed to commercial vehicle drivers fighting for passenger pickups, private car owners disregarding speed limits, and truck drivers failing to service their vehicles.
Just look at the traffic on major roads in Lagos, Ibadan, or Kano or many other cities to gauge the prevalence of reckless driving. You often see cars dangerously changing lanes, buses stopping abruptly in the middle of the road and drivers using the shoulders to get around traffic. These actions may save a few minutes but often risk innumerable lives. Behind each accident statistic there is a human story of pain, loss, disability and financial hardship.
Reckless driving can have disastrous consequences. Broken bones, spinal cord injuries, brain injuries, serious burns, amputations, permanent disabilities, or death could afflict victims. For many families, the financial burden starts right after the accident. Hospital bills, surgery, rehab, medication and long term care can add up quickly. If the injury victim is the sole breadwinner of the family, the situation is even worse as the family is left without a source of income while expenses keep increasing.
But apart from the physical injuries, there are emotional and psychological effects that are often overlooked. Many victims of accidents suffer from anxiety, depression or post-traumatic stress. Some can’t get back to work or don’t have the quality of life they had. Children who lose parents in road accidents may face years of educational and emotional trauma. These losses are not always quantifiable in monetary terms but the law recognises the right to compensation for such losses.
The Nigerian law imposes a duty on every driver to exercise reasonable care to other road users. This legal obligation is owed not only to other motorists but also to passengers, pedestrians, cyclists and motorcyclists. If the driver breaches that duty by driving carelessly or recklessly and that conduct results in injury to another, the driver may be liable for negligence. Therefore, the injured person may be able to bring a civil claim and claim damages for the injuries and losses suffered.
The whole purpose of a personal injury claim is to compensate the injured party as far as money can, to put them in the position that they would have been in had the accident never happened. Depending on the circumstances, damages may include medical expenses, future medical treatment, rehabilitation costs, loss of earnings, loss of future earning capacity, property damage, pain and suffering, emotional distress and, in fatal cases, compensation for dependants. Each case will turn on its own facts and the amount awarded will reflect the seriousness of the injuries and the losses proved before the court.
Unfortunately, many Nigerians never follow-up on these claims. Some people think road accidents are just a matter of fate, and they must accept it without question. Others think only rich people can afford legal representation. Some are discouraged by long court processes or are talked into accepting very small settlements that don’t even come near covering their real losses. Many negligent drivers escape fully accountability, while innocent victims find themselves financially responsible for someone else’s negligence.
It is also good to know that not all compensation claims have to go to court. Disputes are often settled by negotiating with the insurance company or through alternative dispute resolution methods, such as mediation. Where the liability is clear and both parties are willing to negotiate in good faith, victims may be able to receive fair compensation without having to go through lengthy litigation. However, courts still exist to ensure justice is served, should the responsible party deny liability or offer an unreasonable settlement.
Another area where public awareness is still low is compulsory third-party motor insurance. By law, every vehicle on the roads in Nigeria must carry third-party insurance. A lot of people make the mistake of thinking that this insurance only protects the driver that bought the policy. The purpose of third-party insurance is indeed to compensate innocent persons injured, killed or whose property is damaged by the negligence of the insured driver.
Unfortunately, many victims never claim because they do not know they have rights. This ignorance does not help accident victims or responsible road users and ultimately undermines public confidence in the insurance system.
Everyone has a role to play in stopping reckless driving. Drivers need to realise that driving is a privilege and not a right to put others in danger. Traffic laws must be strictly implemented by concerned authorities. Driver education must be improved, commercial transport operators must be adequately monitored, and roadworthy standards must be strictly implemented. Public members should also report dangerous driving whenever possible and encourage safer road behaviour in their communities.
Legal accountability also has an important role to play in improving road safety. It sends a powerful message to negligent drivers that recklessness has consequences by holding them accountable for the harm they cause. Civil claims serve not only to compensate victims, but also to incentivise higher standards of care among motorists. Justice, in this context, is for the individual victim and for society as a whole.
Nobody leaves home to become a statistic in a road accident. Every driver has the power to save lives by being patient, cautious and obeying traffic laws. If you’ve been injured due to someone else’s reckless driving, it’s important to remember that the law provides a remedy. The aim of seeking compensation is not to profit from the misfortune of others, but to obtain justice, rebuild lives and ensure that people who cause injury through negligence are held accountable. A safer Nigeria begins with responsible driving, stronger enforcement of our laws and greater public awareness about the legal rights that are available to every road accident victim.
This article is meant for general understanding only and not legal advice. If you believe you’ve suffered any harm or injury due to a driver’s fault, and you are concerned about the viability of your case or high cost of hiring a lawyer, you can reach out to an experienced personal injury lawyer who may be willing to offer a legal advice and 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 is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected]; https://www.claybrookattorneys.com/personal-injury-claims/; and 09028978494.
