[amit]

Originally Posted by Gotham_City

Received this picture from a friend on watsapp. Apparently, this i20 could not complete a seemingly simple turn on NH 8 at Manor after Virar (in the outskirts of Mumbai).

No further information on the accident.

I think the driver was trying to stop by the side of the road and didn't see the 'gap' in the road. Also, the road behind the car seems straight so it can't be a curve gone wrong. The minimal damage to the car also seems to suggest it happened at very slow or near parking speeds.

[pratyush6]

Originally Posted by silversteed

My dad met with an accident 2 years ago, when a drunkard who lost balance, veered from the right to the left side of the road, and fell on my dad's bike - all within a flash. The drunkard passed away on the spot. From among the many creative stuff recorded in the charge-sheet - "the rider, Mr.aaa was travelling at over xx km/h and extremely dangerously" - xx km/h was way over the limit, and it was recorded from one of the eye-witnesses. Reality was, he was riding very sedately at not more than 40, enjoying the cool breeze at the countryside. Now, you can decide whether the cops take such figures seriously or not. The case was closed about a month ago, after a "settlement" was reached.

Please take a peek at my post in the previous page. There are many people who feel that way

Absolutely pathetic state of this country. No amount of logic is enough for these morons.

What is our legal standing is such a thing happens? Say a drunkard falls down in front of a car or bike? Also, what if someone is traveling (incorrectly) in a designated one way and you meet an accident and he ends up injured or dead? Are we liable for this even if we may have been driving sedately.

I remember crashing into a biker (was on my bike) when the joker was speeding in a one way. No major damages but the moron had the audacity to question me - only to be chided and shooed away by the crowd.

[amit]

Originally Posted by pratyush6

What is our legal standing is such a thing happens? Say a drunkard falls down in front of a car or bike? Also, what if someone is traveling (incorrectly) in a designated one way and you meet an accident and he ends up injured or dead? Are we liable for this even if we may have been driving sedately.

Based on what I have been reading in newspaper's and here, if there is a injury or death then the other party is immediately charged with rash & negligent driving irrespective of who was wrong.

[basuroy]

Sadly in india - the larger vehicle is always guilty irrespective of if the victim was guilty or not .

A month back , barely a km from my home a girl was run over by a truck - spot death . 3 adult male and one female were quadrupling on a regular commuter motorcycle , just past an intersection the rider decided to overtake a slow moving truck and lost control dead right in front of the truck . The girl very sadly fell in front of the truck while the 3 males skidded onto the side and as such avoided being run over . Now I honestly fail to see what the truck could have done to save the girl and I will hazard a guess here he is in jail right now while the criminally callous youth who allowed 2 extra passenger on his bike was treated and let off (yes he was not charged based on what I was told later ).

[naveenroy]

Originally Posted by aaggoswami

Met with a small accident today morning while going to office. There is a curve in the road and unfortunately, at the curve there is a pothole for drainage.
A girl on Pleasuer/Activa ( basically a step-thru) tried to avoid that and had a very very minor brushup with my Wagon R's left bumper. This resulted into her fall in front of my car. She just changed lane without looking into RVM and my front wheels were ahead of her activa. But as if was a corner I slowed down and saw her coming into my lane and then braked. By that time, she had brushed up with my car. Damage to car = not even a single scratch.

You are extremely lucky that a crowd did not form there. You know who would have been at fault then.

But I really get more worried at the way some young girls drive these days - yes, much more than the jokers who do wheelies on public roads.

[binand]

Originally Posted by pratyush6

What is our legal standing is such a thing happens? Say a drunkard falls down in front of a car or bike? Also, what if someone is traveling (incorrectly) in a designated one way and you meet an accident and he ends up injured or dead? Are we liable for this even if we may have been driving sedately.

There is any amount of case law and judgments that the fundamental right to life and liberty trumps everything else; if you are the cause for someone to lose his life (death in accident) or liberty (injury in accident) then you are culpable - irrespective of whether the other party was sober or or breaking the law or whatever. When on the road you are expected to be aware of such hazards and drive in a way that compensates for them.

[joe_antony]

Originally Posted by binand

There is any amount of case law and judgments that the fundamental right to life and liberty trumps everything else; if you are the cause for someone to lose his life (death in accident) or liberty (injury in accident) then you are culpable - irrespective of whether the other party was sober or or breaking the law or whatever. When on the road you are expected to be aware of such hazards and drive in a way that compensates for them.

True. Say if a pedestrian jumps a signal and you hit and he / she is dead, the cops will take you in custody without any investigation. You will be given / denied bail by court based on proceedings and you will have to fight a long judicial battle and you cannot be driving all these time. This happened to a friend of friend of mine. A 65 year old lady was crossing signal early in the morning, mid way the signal changed, this guy could not spot her, it was green for him so he did not slow down and the old lady thought she could out run this motorist and started running accross and eventually got hit, after being hospitalized for 3 days she looked recovered and started talking to these guys, he apologized and she agreed it was her mistake too and they shared sweet etc. To the horror of this guy by next day evening she developed brain hemorrhage and dead, immediately he received a call from the cops to come and 'surrender' to the stated police station. Luckily, as he was a student they granted him bail quickly and released and he has to fight a case for more than a year to come out of it as the husband of the lady was pressing for a huge settlement.

[binand]

Originally Posted by joe_antony

Say if a pedestrian jumps a signal and you hit and he / she is dead, the cops will take you in custody without any investigation.

Unfortunately this is the reality in India. The cops here arrest first and investigate later (and investigation usually consists only of beating the stuff out of the person arrested to elicit a confession). Unlike elsewhere in the world, where cops can face damages if false arrest is proven and hence they usually try to be sure of their ground before arresting someone.

Originally Posted by joe_antony

You will be given / denied bail by court based on proceedings

That is not true. It is very difficult in India to be charged with a non-bailable offence in motor accident cases. The victims in the Salman Khan case had to struggle for years - more than a decade, if you remember.

Originally Posted by joe_antony

he has to fight a case for more than a year to come out of it as the husband of the lady was pressing for a huge settlement.

That battle should have been between the husband and your friend's insurance company. Did he not have third-party insurance?

[Latheesh]

Originally Posted by naveenroy

But I really get more worried at the way some young girls drive these days

If you honk most of them move to left without even checking...that is dangerous.

[phamilyman]

Originally Posted by joe_antony

True. Say if a pedestrian jumps a signal and you hit and he / she is dead, the cops will take you in custody without any investigation. You will be given / denied bail by court based on proceedings and you will have to fight a long judicial battle and you cannot be driving all these time. This happened to a friend of friend of mine. A 65 year old lady was crossing signal early in the morning, mid way the signal changed, this guy could not spot her, it was green for him so he did not slow down and the old lady thought she could out run this motorist and started running accross and eventually got hit, after being hospitalized for 3 days she looked recovered and started talking to these guys, he apologized and she agreed it was her mistake too and they shared sweet etc. To the horror of this guy by next day evening she developed brain hemorrhage and dead, immediately he received a call from the cops to come and 'surrender' to the stated police station. Luckily, as he was a student they granted him bail quickly and released and he has to fight a case for more than a year to come out of it as the husband of the lady was pressing for a huge settlement.

I hope your friend has learned his lesson. This is not a computer game where you can restart / reboot any time you want. His following rules but not slowing down when he could have slowed down, took away someone's life.

He had a choice to exercise but he didn't exercise it.

IMHO driving on roads isnt as much about being right by way of rules, as it is about being morally right as well (assuming he could've stopped safely etc etc which seems to be the case from your post).

[sarathlal]

In addition, Green signal means, 'Go - if it is safe to do so'.
The last part, sadly, is never noted.

[Raghav_K]

Based on what i have seen, When there is an accident, the bigger vehicle is at fault - according to the Police, and they will file the case against the bigger vehicle, with liberal use of adjectives like "Rash, Dangerous, Negligent etc".

And when there is loss of life, the bigger vehicle's driver would be arrested and he would be released via bail, later, mostly in the same day or a few hours.

The problem is, anybody can accuse anybody for anything, but proving it is difficult in road traffic accidents, except when there are multiple Eyewitnesses/Video Evidence or gross negligence on part of the driver. Otherwise, the so called Eyewitnesses for each side will be torn apart by, the opposite Lawyers, and ultimately, in most cases the 'so called' accused/his Insurance, ends up paying a fine/settlement and moves on.

One of my friend had parked his car outside his apartment, and the next morning he started the car and moved, and he heard a crunch and scream. Seems a beggar was sleeping beneath the car, probably beneath the center portion and was completely hidden. When my friend turned, the rear wheels went up on him and he himself was a doctor and tried resuscitation and rushed him to the hospital, where the beggar was declared dead on arrival.

The police arrested and released my friend on bail in 1-2 hours and charged him for negligence and murder (or something similar). Some other beggars claimed relation to the dead one and demanded a exorbitant amount of money to "Settle". My friend refused to pay up, and it was his Insurance company Vs Public prosecution which dragged for 1-2 years and it was closed in his favor as the prosecution was not able to prove negligence on his part. The only problem he faced was some issues with his Passport application because of the ongoing case, and that too got cleared.

[joe_antony]

Originally Posted by phamilyman

I hope your friend has learned his lesson. This is not a computer game where you can restart / reboot any time you want. His following rules but not slowing down when he could have slowed down, took away someone's life.

He had a choice to exercise but he didn't exercise it.

IMHO driving on roads isnt as much about being right by way of rules, as it is about being morally right as well (assuming he could've stopped safely etc etc which seems to be the case from your post).

Yeah. When this guy told the cops he crossed the signal was green for him, they have explained how many things can turn against him :

1. Speeding - he could have stopped or slowed down to cause a lesser impact if he was running the designated 40kmph.
2. Not slowing down on Red while approaching the signal (even if you are going on 40 you should slow down further during approaching the intersection with red signal)
3. Not being extra alert while crossing the intersection.
4. Not paying attention for pedestrian who is in the middle of the zebra crossing.
5. Not maintaining the vehicle (brake ineffectiveness / failure etc) and causing injury to others due to that.

So just the green in the signal never going to save you.

Originally Posted by Raghav_K

One of my friend had parked his car outside his apartment, and the next morning he started the car and moved, and he heard a crunch and scream. Seems a beggar was sleeping beneath the car, probably beneath the center portion and was completely hidden. When my friend turned, the rear wheels went up on him and he himself was a doctor and tried resuscitation and rushed him to the hospital, where the beggar was declared dead on arrival.

The police arrested and released my friend on bail in 1-2 hours and charged him for negligence and murder (or something similar). Some other beggars claimed relation to the dead one and demanded a exorbitant amount of money to "Settle". My friend refused to pay up, and it was his Insurance company Vs Public prosecution which dragged for 1-2 years and it was closed in his favor as the prosecution was not able to prove negligence on his part. The only problem he faced was some issues with his Passport application because of the ongoing case, and that too got cleared.

Oh! That's really a scary one.

Here in Tamil Nadu there has been some incidents are found in newspapers due to drunkards (Here the government itself sells liquor and promotes it to a level of 23k Cr business ) sleeping on roads / pavements. One for e.g. set of construction workers protruding leg in the sand delivered previous night, on investigations the cops found that the sand truck could not spot the drunkard in the dark who was sleeping on the road side, and piled the load up on him.

Note from Support - Please use the Multi-Quote feature (link) to reply to multiple posts, instead of submitting back to back posts.

[akshay380]

There was a huge crash at ORR outside Ecospace today. An Indica and another car had crashed into a BMTC bus. No pictures as already there was crowd and did not want to add to the traffic jam.

[FORTified]

Originally Posted by joe_antony

Oh! That's really a scary one.

sleeping on roads / pavements. One for e.g. set of construction workers protruding leg in the sand delivered previous night, on investigations the cops found that the sand truck could not spot the drunkard in the dark who was sleeping on the road side, and piled the load up on him.

I had this scary experience in Bangalore. It is a narrow lane with wall on both side and I am in a very big vehicle.
I found somebody lying on the road. Stopped, got down and went to inspect. This guy parked his cycle behind a electric pole, got absolutely drunk and romancing the road. As there is no chance of waking him up, I dragged him next to the cycle, got back into the car and started moving slowly. When I reached him he did the most unbelievable thing. He stretched his leg across the road and challenged me to cross it. Well, it was 11.00 PM and completely deserted road. For a moment, I was tempted to look the otherway and step on the gas. Afterall, how many times will I get a chance to experience this? I shocked myself by stopping, pulling him aside, put his cycle on him so that he wouldn't move and crossed the spot