Can my wife’s death by an accident be compensated if she is accused of causing it?

Swala Nyeti Podcast
Can my wife's death by an accident be compensated if she is accused of causing it?
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Four months ago my wife Janet and I welcomed a baby girl through a C-section at a local hospital. Unfortunately, recovery was very slow and Janet complained about her healing. She had been put on painkillers and given a cream but the wound would not properly heal. We were constantly going to the hospital. 

A few weeks ago we stopped a matatu by the side of the road, to carry us to hospital. Janet was very weak so we could not go to the normal bustop. The place we were boarding from is a blackspot and a car overtaking from the other side crashed into us. 

Unfortunately Janet died from her injuries. But the post-mortem also discovered that she had a surgical scalpel left in her from the C-section surgery. 

The matatu people are saying they won’t compensate because it was our fault. Is this true?

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