Legal Remedies When Injured as Passenger in Hit-and-Run Accident with Drugged Driver

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by

Adv Sudhir Rao
in

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Legal Remedies When Injured as Passenger in Hit-and-Run Accident with Drugged Driver

Mr.X was traveling as a passenger in a taxi driven by Mr.Y in City A. Unknown to Mr.X, the driver was under the influence of drugs. While traveling on the main highway, the taxi collided with a cement mixer truck. The impact was severe, shattering all windows of the vehicle. Glass fragments struck Mr.X on his face and forehead, causing multiple lacerations and rendering him unconscious. When Mr.X regained consciousness at the hospital, he discovered that the taxi driver Mr.Y had fled the accident scene immediately after the crash, leaving him injured and abandoned. The cement mixer driver remained at the scene and cooperated with authorities. Mr.X sustained significant facial injuries requiring multiple surgeries and faced mounting medical expenses with no immediate recourse against the absconding driver.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

  • File FIR immediately naming both drivers and seeking medical examination reports
  • Secure CCTV footage from nearby cameras before it gets overwritten
  • Contact insurance companies of both vehicles for compensation claims
  • Preserve all medical records and photographs of injuries for evidence

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS) 2023, several sections apply to this case. Section 125 BNS deals with acts endangering life or personal safety of others, applicable to the drugged driving. Section 281 BNS covers rash or negligent driving causing hurt. Section 132 BNS addresses voluntarily causing hurt. Under Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, Section 173 allows for investigation of such accidents, while Section 194 provides for summary trials in motor vehicle cases. The Motor Vehicles Act provisions for compensation also remain applicable alongside these criminal sections.

If You Are the Complainant

  • Lodge FIR at nearest police station immediately mentioning hit-and-run and drugged driving
  • Request police to conduct blood test of absconding driver if located
  • File application for compensation under Motor Vehicles Act before MACT tribunal
  • Include all medical expenses, loss of income, and pain-suffering in compensation claim
  • Ensure police add charges under appropriate BNS sections for endangering life
Legal Remedies When Injured as Passenger in Hit-and-Run Accident with Drugged Driver

If You Are the Victim

  • Seek immediate medical attention and preserve all treatment records and bills
  • Take photographs of injuries and damaged vehicle before any repairs
  • Collect contact details of witnesses present at accident scene
  • Obtain copy of FIR and ensure all relevant charges are mentioned
  • Apply for interim compensation if severe injuries prevent earning capacity

How the Police Behave in Such Cases

Police typically treat hit-and-run cases seriously, especially when injuries are involved. They will register FIR under relevant BNS sections and Motor Vehicles Act. Investigation includes visiting accident spot, recording witness statements, and examining vehicle damages. They issue lookout notice for absconding driver and may check hospital records for drug testing. However, police may sometimes be reluctant to add stringent charges, requiring persistent follow-up from complainant’s side.

FAQs People Normally Have

  • Can I claim compensation if driver fled? Yes, through vehicle insurance and Motor Accident Claims Tribunal even if driver absconds.
  • What if taxi was not insured? You can claim from state insurance fund for uninsured vehicles under Motor Vehicles Act.
  • How to prove driver was drugged? Medical examination, witness statements, and circumstantial evidence like erratic driving pattern.
  • Can passenger be held liable? No, passengers are not responsible for driver’s actions unless they encouraged rash driving.
Legal Remedies When Injured as Passenger in Hit-and-Run Accident with Drugged Driver

What Evidence Is Required?

  • Medical records showing extent and nature of injuries sustained
  • CCTV footage showing accident and driver fleeing scene
  • Witness statements confirming sequence of events
  • Police investigation report and vehicle examination details
  • Blood test reports if driver found for drug detection
  • Income proof for calculating loss of earnings
  • Photographs of accident scene and vehicle damages

How Long Will the Investigation Take?

Police investigation typically takes 60-90 days depending on complexity and cooperation of parties. If driver is absconding, it may extend to 6 months or longer. MACT compensation proceedings run parallel and may take 1-2 years for final award. Criminal trial can extend 2-3 years if charges are contested.

Advocate Sudhir Rao, Supreme Court of India

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