Lecture Series : 2.0 :3rd Lecture on the subject “What is Wrong in the Legal System of Road Safety (Accident) Adjudication – There is no Means to Prove Innocence”

The Motor Vehicle (Amendment) Act of 2019 has brought in many changes, especially some drastic provisions for increased fines for the violations, which was making sensations during first 3-4 months after the Act was implemented. That was meant for deterring the violations and to avoid and minimize the road accidents. But there has been no effect of these enhanced fines for different violations in terms of improved discipline or the road user behaviours. Basically, most of the accidents are happening due to the rogue behaviours of a class of road users. Most disciplined road users also get involved in an accident due to others’ irresponsible behaviours on roads. There is no way in this country to prove innocence. Also, Police attending the accident scene has absolutely no idea about how and why an accident takes place, except his/her general knowledge. Basically the unwritten rule is that both are at fault, because the Insurance Rule dictates that insurance of each vehicle will pay for the repairs of the damages. Since there is no way that the responsibility can be fixed, this is the simple way the damages are claimed from respective insurances. But this is not so in most developed countries – and how they fix responsibility of the accident, and all claims/damages are paid by responsible party only.

A very large part of the problem is caused by the very poor, slack, immoral, and partisan enforcement without any use of technology or techniques. Further, there is practically no enforcement on all lower modes using the roads, e.g. pedestrian, bicycle, e-Rickshaw, Motorcycle, and so on. There appears to be no road rules for motorcycles, bicycles, pedestrians and e-Rickshaws, etc. There is a soft corner from enforcement agency for all of them, and there is no enforcement for their irresponsible behaviours. At present the proportion of fatality to 2-wheeler riders is 45% in 2022 out of total fatalities in India as 168,491. If road rules are practiced as in developed world making irresponsible road users responsible for accidents, then India will have 80% fatalities to 2-wheeler riders and other lower modes. Actually other vehicles continuously save them in the traffic stream inconveniencing themselves and often by jeopardising their own safety.

A car or truck driver, even when he is travelling at permitted urban speed of 50 km/h, if a pedestrian or cyclist unexpectedly comes in front he/she will be run over and will probably be killed. There is no mechanism in the motor vehicles to stop instantaneously. If there is no CCTV footage, only victim and the motor vehicle driver being in scene of incident, who will decide the responsibility of this accident. As per Indian Police’s unwritten rule, the bigger mode is always responsible for the accident; and there is no means to prove or establish innocence.

The IRF-IC Webinar focussed on this critical issue of accident adjudication in India. While the laws of the country should punish the culprits, it must have provisions for safeguarding the innocents. It is necessary to use advanced technologies and educate/train enforcement agencies for handling the accident cases with correct facts of incident. The Good Samaritan Law is a clear example in the country, as no one touched an accident victim till this law was enacted. The entire system of recording, reporting and adjudication of accidents should be a fair, truthful and impartial system for supporting innocents.

Programme- 3rd Lecture -12th July 2024

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Audio Recording