Road Crash

Road Crash

Dealing with Road Crashes

A road crash can happen anywhere but with certain precautions it can be prevented to a great extent. Moreover, it is important to understand what a driver or the passengers must act in case whenever a road crash happens. The Motor Vehicles Driving Regulations, 2017 describe in details the actions needs to be taken in case of a road crash. The actions to be taken are categorised as Minor Accidents and Major Accidents. In addition, section 134 of the Motor Vehicles Act, 1988 also describes the duty of a driver in case of an accident or injury to a person. The actions and the duties are depicted as follows:

Action in Case of Vehicular Accident

The driver shall maintain absolute cool in case of an accident and do nothing that may harm the other driver or vehicle involved in the accident or any other person.

1. Minor Accidents

1. The driver or drivers, as the case may be, involved in the accident shall alight from the vehicle and take pictures of the vehicles, the occupants of the vehicles, any pedestrian or any other person or vehicle, whether motor vehicle or otherwise, and the accident scene, if possible.
2. The drivers shall pull the vehicles out of the road immediately so that the vehicles are clear of oncoming traffic.
3. The driver or drivers shall place reflective traffic warning triangles near or around the vehicles to alert other drivers and turn on hazard warning lights.
4. The driver or the riders shall immediately call the police or ambulance or nearest hospital if anyone has been hurt.
5. The driver shall not leave the scene of an accident, even if it was a minor accident, until everything has been resolved to everyone's satisfaction.

2. Major Accidents

1. Every person involved in the accident shall check himself and other occupants of the vehicle or vehicles involved in the accident to see if anyone has been injured.
2. If someone has been hurt, medical assistance and police shall be called immediately.
3. Once the condition of the driver and the passengers or riders has stabilized, the persons involved in the accident shall try to take pictures of the persons and vehicles involved in the accident, including the registration plates of the vehicles and the accident scene.
4. The driver or drivers involved in the accident shall move the vehicles vehicle off to the side of the road, if possible, at the earliest.
5. If it is not possible to move the vehicle or vehicles, the driver or drivers involved in the accident shall remain in the area of the incident until the police arrives unless the same is not possible due to injuries sustained in the accident.
6. The driver and the other occupants shall cooperate with the police authorities in the investigation of the accident.
7. If involved in an accident with another vehicle, the drivers shall exchange the following information with that driver: Name, Address, Phone Number, Insurance Company, Policy Number, Driving License Number and Registration Number of the vehicle.

3. Interacting with the Other Driver

1. Once the initial shock wears off and it is apparent that no one has been seriously hurt, tempers may flare and all persons involved in the accident shall refrain from losing temper or provoking any other person or persons.
2. The driver or any other occupant shall get the other Driver's Name, Address, Contact Information and Insurance Details, and provide the same to him.
3. If an amicable settlement cannot be made, call the police immediately.
4. If police have been informed, all persons involved in the accident shall remain at the scene until the investigators arrive and permit them to leave.

Duty of Driver in Case of Accident and Injury to a Person

The section 134 of the Motor Vehicles Act, 1988 defines the following duty of a driver in case of an accident or an injury caused to a person:

When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall:

• Unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, unless the injured person or his guardian, in case he is a minor, desires otherwise.
• Give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required, at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence. Give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:
  1. Insurance policy number and period of its validity.
  2. Date, time and place of accident.
  3. Particulars of the persons injured or killed in the accident.
  4. Name of the driver and the particulars of his driving license.