Accidents are traumatic. In India, a life is lost every four minutes due to road accidents. Blame the plight of roadways, pathetic driving sense or blatant violation of traffic rules- road accidents have increased shockingly with time. With no regard to human lives at all and in an unimaginable rush, driver of vehicles often goes on a streak of breaking rules and regulations, consequently endangering many lives. The result of such gross negligence is sometimes fatal and sometimes less grave.
No matter the severity of the situation, one must be aware of the proper course to follow in case of an unfortunate happening. Being well-versed with the legal procedures involved in road accidents can come in handy – and you never know when! After all, prevention is always better than cure.
It is a general notion that the bigger vehicle is often considered to be at fault and the lighter vehicle as the victim, without any investigation. Especially when the accident occurs in some other state- the police harass the parties, support their state’s vehicle and often ask for a bribe to release the vehicle. Hence, it is necessary to always carry driving license and all the documents related to the vehicle.
When you cause the accident:
In such a situation, if possible, you are supposed to take the following measures:
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Get medical assistance for the casualties if any. It is mandatory for the doctor to treat the victim without waiting for any formalities.
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Inform the police – call 100 or report to the nearest police station and file an FIR.
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Try to contact your insurer as soon as possible and provide them with every detail that you can.
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Do not forget to click pictures of the accident site and hand over the pictures to your insurance company.
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You can also file a complaint with the SP against the FIR lodged against your vehicle or across FIR.
The police might make an arrest if, you drove negligently and rashly.
When you get injured in an accident:
First of all, you’ll get emergency medical treatment from any hospital. In medico-legal cases, the case doctor will report it to the nearest police station only after completing primary lifesaving medical care.
Next, you have two options:
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File an FIR, to get-
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File an application at the Motor Accident Claims Tribunal for claiming monetary compensation. There is no time limit for filing motor vehicle accidents claim, however, do not cause unreasonable delay.
Although documenting the scene of the accident is the duty of the police, if you (the victim) are in a position to take the following steps, you should:
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Take down the information of the vehicle and driver that caused the accident.
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Take photographs and videos of the injuries, vehicles, accident site, etc.
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Gather statements from witnesses.
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Inform your insurance company as soon as you can.
As of now, the Motor Vehicles Act is set to be amended and the legislators shall introduce stricter measures against traffic offenders. The authorities are also set to increase the safety measures.
You must also know that the vehicles involved in the accident will be kept in police custody. If a court case begins, you’ll be granted your vehicle back only after the case is finally decided. You will have to get a clearance certificate from RTO, present it to the police station and then take the car.
To sum it up, after taking the natural precautionary measures, you’re advised to consult a lawyer before making any agreement or taking any step. If the police threaten to arrest, you must know that you can get bail easily by providing a surety bonds on which you will be released. Since it’s difficult to find a lawyer immediately at the location of the accident and especially if you’re traveling to another state- you can always contact MyAdvo to hire a lawyer at your preferred location.
Need legal help? Consult the most experienced lawyers from MyAdvo anywhere in India and across the world! Email us at info@myadvo.in or call now at 9811782573.
