Legal Consequences of Motor Accidents

INTRODUCTION

It is not uncommon in India for people to die in road accidents. The number of such accidents is increasing with each passing day. There are several reasons behind such accidents be it uneven roads, not enough streetlights, or just rash and negligent driving on the part of the people. The accidents that happen are traumatic. One of the biggest reasons behind traffic accidents is a lack of patience regarding traffic rules. Another reason for road accidents is amateur drivers and minors who drive illegally without an appropriate licence. 

UNDERSTANDING ACCIDENTS AS CIVIL AND CRIMINAL LIABILITY

Torts are the most common felonies. Car accidents are almost always considered civil offences. They are personal since they infringe on a person's right to life, the victim is authorised to financial reimbursement for such wrongdoing. They could also be criminal in character, as such accidents pose a danger to society and should be penalised by the government. Some examples of criminal accidents are hit-and-runs, careless driving, driving while intoxicated, etc. The Indian Penal Code, 1860, makes such offences punishable.

Regardless of the seriousness of the circumstance, one must be informed of the right course of action to take in the event of a mishap. Knowing how to navigate the legal system in the event of a car accident can prove useful at any time. 

Even without any inquiry, it is commonly presumed that the larger car is to blame, and the smaller vehicle is the casualty. The police harass the parties, defend their state's car, and frequently ask for a bribe to return the vehicle. As a result, it is vital to keep your driver's licence and all other vehicle-related documentation with you at all times.

PROVISIONS IN THE INDIAN PENAL CODE REGARDING MOTOR ACCIDENTS

• SECTION 297- This section kicks in when one person causes bodily injury to another because of rash driving. This also comes into the picture when the bodily injury is not caused but the rash driving is enough to endanger human life. For example, if A who is driving rashly, hit B and B, as a result, falls and hurts his elbows, A will be liable under this section. Similarly, if A did not hit B or any other person but is still driving rashly, he will still be liable under this section for endangering human life. The offence under this section is non-compoundable, bailable, and cognizable. 

• SECTION 337- This section discusses jeopardising a person's life and others' physical safety by acting carelessly or impulsively. Because the provision doesn't specify the type of conduct, it encompasses a broad range of activities, including driving on the road. For example, if A drives rashly and passes by B who is an old man and is a heart patient, and as a result, B suffers a heart attack because of A, A will be held liable under this section. 

• SECTION 338- The hurt caused under this section is grievous. When a rash act such as rash driving causes grievous hurt to a person, then the culprit will be liable under this section. Intention does not matter in cases of accidents. Therefore, even if the culprit did not have any intention of causing hurt, he will still be held liable. For example, if a truck driver unintentionally hits a pedestrian, and because of that the pedestrian suffers deep wounds, the truck driver will be liable under this section. 

• SECTION 304 A- under this section, if the accident causes the death of a person, the person will be held liable. The punishment under this section is less strict because the death is caused by accident and negligence. This shows the absence of intention. But the loophole here is that most murders are disguised as accidents to bypass the punishment under murder.

WHAT TO DO WHEN YOU CAUSE THE ACCIDENT

If at all possible, you should take the following steps in such a situation:

• If at all possible, you should take the following steps in such a situation: 

• If there are any fatalities, get medical help. The doctor must treat the victim immediately, without awaiting any procedures to be completed. 

• Notify the authorities by dialling 100 or going to the nearby police station and filing an FIR. 

• Consult your insurance company as quickly as possible and help them with as much information as possible. 

• Remember to take photographs of the accident scene and give them to your insurance carrier. 

• You can also register a report with the SP about an FIR that has been filed against your car or an FIR that has been filed against you.

WHAT TO DO WHEN YOU ARE A VICTIM OF THE ACCIDENT 

• First and foremost, any healthcare facility will provide emergency medical treatment. Only after completing initial life-saving medical treatment will the case physician submit it to the local police station. After that, you have two choices: 

       The victim can file an FIR- 

• To obtain a third-party legal liability claim,  

• Cases of bodily harm or death 

• Claim financial reimbursement through the Motor Accident Claims Tribunal. There is no time restriction for filing a claim for a vehicle accident, but do not wait too long.

• Even though the police are responsible for recording the accident scene, if the victim is a condition to do so then the victim should-  

• Note down the information regarding the vehicle and the driver that caused the collision. 

• Take pictures and videos of the wounds, and accident scene, among other things. 

• Eyewitnesses should be gathered. 

• As quickly as possible, notify your insurance company.

CASE LAWS-

1. State of Arunachal Pradesh vs. Ramchandra Rabidas- In this case, the court stated that a person who violates the Motor Vehicle Act could also be held accountable as per the Indian Penal Code. As a result of the rise in motorised vehicles and the resulting increase in fatal crash injuries, both acts were deemed functional in their ways. 

2. Rishi kesh vs. The State- The court held that the burden of proof lies on the prosecution to prove the accused is guilty beyond a reasonable doubt. On the other hand, the accused can prove his case by a preponderance of probabilities. This means that the accused has to present a more probable and rational view of the case. 

CONCLUSION 

The goal of enacting a law is to benefit the general population. With time, we may witness a shift away from compoundable offences and toward more severe matters. As a result, by expanding the range and reaching far beyond the horizon, our justice system is always serving the people and community. However, in a literal way, it is people's neglect that causes brutal incidents, thus people must work for its execution to get better results.

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