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Old 28th February 2012, 12:36   #16
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Default Re: Accident involving an inebriated/sense-less pedestrian

Reminds me of when I was 19 and driving my grandfather's ambassador. At the bottom of a long slope, I was turning right from a main road into a side street. Indicators on, hand signal displayed. An auto, a scooter and another car were also turning right behind me.
3 boys on a bicycle, freewheeling from the top of the slope, doing an uncontrollable 40kmph, overtook me from the right side just as I began turning. The boys almost clipped my front, went into an empty plot of land and fell down.
Just as I stopped to check, the auto, scooter and other car driver told me to step on it and move on as it wasn't my fault.
So I guess in India, if involved in an accident that is not your fault, given an opportunity to run - RUN!
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Old 13th January 2016, 23:42   #17
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Default Re: Accident involving an inebriated/sense-less pedestrian

I write this totally upset, confused and stressed.

On Jan 2nd 2016 while driving towards Mavelikara, Kerala from Verna, Goa, I met with an accident that involved a jaywalker pedestrian which ruined my holiday that was to follow as well as my peace of mind, I was on my way to attend a family function which I eventually had to miss, to clarify I wasn't drunk (I rarely drink alcohol) or sleepy, I must have been at an approximate speed of 65/70 kmph.

The incident occurred as follows, we were approaching city limits of Kozhikode, KL and were planning to stop for a light meal, our previous break was in Mahe. As everyone knows buses in Kozhikode are driven by maniac drivers, in fact I had a few close call while approaching the city and a bus nearly broke my right ORVM and another pushed both me and a motorcyclist off the road, I noted another crazy bus behind us where the driver seemed like he didn't care much about the road width or road users, he had his foot on the A pedal and hand on the horn as he kept that continuously pressed and I wanted to stay away from such at all costs.

The road curves gently in front of the Audi Kozhikode showroom which is next to Harley's and VW's showroom, its also a bus stop, somewhere in front of the VW showroom a kid aged 12 suddenly decides to sprint across without looking out for oncoming traffic, I don't want to blame him and am sympathetic towards him but I feel unfortunate as everything turned upside down thereafter the first week of the new year.

I momentarily check the following traffic (basically that maniac bus) in my rear view mirrors, shift focus on the road ahead and in parallel note alarming movement, I am hardly a couple of meters away and this boy runs in full speed to my horror right onto my path, even before I could react or brake my car collides in full speed and he is knocked on the road. I was in shock, my brain froze and it took me few minutes to regain senses.

I step out walk shakily to the kid, he is groaning and talking something about his tutions and how he has to get there. Along with the help of two service advisers from the adjacent VW showroom we take him to Kozhikode Medical college in my car where after a series of Xrays he is diagnosed with a fractured ankle and they can operate him only in the following week. Though I am unhappy overall, I am glad it wasn't a serious accident as the guilt would be worse.

Meantime his parents are called and his relatives also come streaming along, they all look at my suspiciously, I am in shorts/Tshirt and shoes and my car is that rare Skoda Fabia 1.4 PD with sunroof. I want to rest as I feel the fatigue but this situation is over bearing and wearing me off.

Since the operation will be after 2 days at KMC, his parents shift him to Baby Memorial college, after operation he is discharged after 2 or 3 days, since I had a family function (I reach much after the function) to attend I check with them if I can leave and his father graciously lets me leave and I assure to return after the family function, he lets me know before hand that he is keen to register a police case so he can proceed with insurance formalities, I must state that his father was quite formal (mannered) all the while, since he expressed concerns over his kids health, as a father I can understand he could be worried hence did not discuss much.

I leave the car in the hospital pay parking as the windshield is shattered, bonnet has dents and bumper/grill cracked. Also if the case is filled the car will be subject to inspection which will be done by the local traffic cell. I tried putting a word across that I am open to negotiate but I am advised to proceed with the case by people I took suggestions from firstly because it is not entirely my fault, secondly the case will be settled by my comprehensive insurance.
I catch a bus from Kozhikode to Ernakulam that night, well my luck does not turn favorable but that's for another time, I run into multiple hurdles throughout that trip.
Anyways I am in touch with his father and the operation goes well and the kid is advised bed rest for a month, I come to Kozhikode on friday and now arises my doubts:

The father goes ahead and files a Police case however he alters his statement, it says the kid was standing at the bus stop after alighting and I ran off the road and hit him. The kid when we were taking him to the hospital said he didn't really look out for oncoming traffic (I don't know what made him run, sadly I will never know), however once his parents/relatives came to the hospital and since they were taking on his behalf to the doctor they said that he was waiting at the bus stand and I hit him.

Since I was shocked when this occurred I didn't have the presence of mind to click a snap of my car as it was in the middle of the road and the bus stopped right behind it. I normally try to cover all aspects but this is the first time something like this happened, I could not think for some time.

The presiding law officer did not ask me for my statement, I checked with my advocate since I had to hire one locally through a reference and he was all cool about it, he said it really does not matter what the other party says as I have to admit reckless driving and pay the fine and close the case.
On a parallel note I wish to add Kozhikode Police officers are far more approachable and efficient than most officers around the country, however the traffic and road sensibilities are just the opposite (Gujrat highways and traffic are by far the best of the few states I visited, I love driving and my Fabia sported the "love cars, live cars" sticker along with "Live to Drive", recently I drove to Jispa, HP, totaling 8k kms, those experiences are for another thread).
My case officer by name Vinod Kumar was very courteous and helpful, explaining all the clauses and the normal processes, I am charged under 279 and 338. He even coordinated with the RTO officers and arranged for inspection on priority as I explained I have to return to Goa. This initial interaction left me impressed and hope Police stations across the country can improve likewise.

Now what I want to understand is, is there no voice for my side of the story, or is this how this has to proceed, I don't mind going ahead and admitting guilt (though not my fault) but it should not affect any of my future prospects, I look forward to legal and helpful advice from the experts here. Let me know how best I should approach this.

Last edited by s_pphilip : 14th January 2016 at 00:12.
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