Accident case
Anchal
(Querist) 22 August 2018
This query is : Resolved
Hi Team, I was driving on Taj express Highway and there was a Maruti Alto car running in front of me with a speed of more then 120KM/Hr. All of a sudden it's passenger side Tyre blasted and it started swinging and till the time , i could understand any thing,my car banged with it. It was a Major accident and the two people traveling in the front car lost there lives.
We were saved as we were wearing seat belts and the air bags opened up.The car was completely damaged.
The police came , took us to PGI where we were discharged after first aid. The was was taken to police station.The police inspector told us to call him back after 5-6 days so that he will tell us what to do.
Finally after a week when we called the inspector, he called us back and said that the FIR has been filed by the opposite party and now i have to take a bail from police station and court. He charged me with 279,338,427 and 304A.
We still have to go to court for getting the release order for the car.
I fell he has charged me wrong.
please advice .
Anchal2001@yahoo.co.in
P. Venu
(Expert) 22 August 2018
There appears to be little option other than to meet the issue on merits.
Hemant Agarwal
(Expert) 23 August 2018
1. IF the police has filed FIR, THEN they would be filing Charge-Sheet in court. Take Bail and put application for discharge of your Car.
2. Before taking discharge of your Car from the Police, INSIST on forensic check-up of your to ensure that your Car Brakes etc.... were in proper order and that you were not speeding and that the Car banged at what angle. IF Forensic Test is not done, THEN do not take discharge of Car.
3. In Court, ask your Lawyer to prove that the opposite Car was driving at reckless speed .OR. under the influence of Alcohol /Drugs and that his Car tyres have burst suddenly. This Car also must be Forensic Tested to know accurate reasons for the accident and whether that Car occupants were wearing seat belts.
4. You have to prove that it was a normal accident from your side that you cannot be prosecuted under the said sections.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
sachin sharma
(Expert) 25 August 2018
In such circumstances, it is always a wise step to immediately hire an advocate instead of searching options. But for your information, let me tell u that it is a well settled law that speeding car doesn't mean rash and negligent driving. At your evidence stage u need to explain all this before court. Also, it would be on prosecution to prove their story beyond doubt. So, better engage a lawyer, make planned strategy
