Traffic Accident Case: When You’re Hit by Another Vehicle at Intersection

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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.

Traffic Accident Case: When You're Hit by Another Vehicle at Intersection

Mr. X was riding his motorcycle at a busy intersection in City A on DD/MM/YYYY. While taking a right turn from the middle lane with his indicator on, he was blocked by another vehicle in the right lane going straight. Being a cautious rider, Mr. X slowed down to let the other vehicle pass. At that moment, Mr. Y’s car hit Mr. X’s motorcycle from behind, causing significant injuries and vehicle damage. Mr. X immediately contacted the police, and an FIR was registered at Area X Police Station. The accident occurred due to Mr. Y’s negligent driving and failure to maintain safe distance. Mr. X suffered multiple injuries requiring hospitalization and his motorcycle was severely damaged. Medical reports were prepared, and witnesses at the scene provided statements supporting Mr. X’s version of events.

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.

  • Immediately seek medical attention and preserve all medical records
  • Collect witness contact details and statements at the accident scene
  • Take photographs of vehicle damage, road conditions, and injuries
  • File an insurance claim within the stipulated time limit

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several sections apply to traffic accident cases:

  • Section 125 BNS: Act endangering life or personal safety of others
  • Section 281 BNS: Rash or negligent driving on public road
  • Section 106 BNS: Causing death by negligence (if applicable)
  • Section 117 BNS: Voluntarily causing hurt

The Bharatiya Nagarik Suraksha Sanhita (BNSS) governs the procedural aspects including FIR registration, investigation, and trial proceedings. Motor Vehicle Act provisions also apply for compensation and insurance claims.

If You Are the Complainant

  • Ensure FIR is registered with accurate details of the incident
  • Provide all medical records and treatment expenses to police
  • Submit vehicle damage assessment reports and repair estimates
  • Cooperate with investigation officers and provide additional evidence
  • File motor accident claim petition before Motor Accident Claims Tribunal

Maintain detailed records of all expenses incurred due to the accident including medical bills, vehicle repair costs, and lost income during recovery period.

Traffic Accident Case: When You're Hit by Another Vehicle at Intersection

If You Are the Victim

  • Focus on medical treatment and complete recovery first
  • Document all injuries through photographs and medical reports
  • Keep records of income loss due to inability to work
  • Gather evidence of long-term impact on earning capacity
  • Calculate total damages including pain, suffering, and future medical needs

Remember that as a victim, you have rights to compensation for medical expenses, vehicle damage, lost income, pain and suffering, and future medical requirements.

How the Police Behave in Such Cases

Police typically conduct on-site investigation, prepare accident spot map, and record statements from both parties and witnesses. They examine driving licenses, vehicle documents, and insurance papers. Medical examination of injured parties is arranged. Traffic police may issue challans for traffic violations. Investigation report is prepared after examining all evidence and determining fault. Police cooperation varies depending on severity of injuries and clarity of fault determination.

FAQs People Normally Have

Q: Can I claim compensation even if I was partially at fault?
A: Yes, contributory negligence principle allows proportionate compensation even with partial fault.

Q: How much compensation can I expect?
A: Depends on injury severity, medical expenses, income loss, and fault percentage. Can range from thousands to lakhs.

Q: Will the accused get arrested?
A: Arrest depends on injury severity and circumstances. Non-bailable offenses may lead to immediate arrest.

Q: How long does the case take?
A: Criminal case may take 1-3 years, while civil compensation claim through tribunal is relatively faster.

Traffic Accident Case: When You're Hit by Another Vehicle at Intersection

What Evidence Is Required?

  • Medical reports, X-rays, and treatment records
  • Vehicle damage photographs and repair estimates
  • Witness statements and contact details
  • Traffic police spot inspection report
  • Income proof for lost wages calculation
  • CCTV footage if available at accident location
  • Insurance policy documents of both vehicles

How Long Will the Investigation Take?

Police investigation typically takes 2-3 months for straightforward cases. Complex cases involving serious injuries or disputed fault may take 6-12 months. Investigation includes statements recording, medical report collection, technical examination of vehicles, and preparation of final report. Timely submission of required documents and cooperation expedites the process.

Advocate Sudhir Rao, Supreme Court of India

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