Accident Occured
Arunan
(Querist) 11 February 2011
This query is : Resolved
Dear Experts,
On 6th Feb Evening around 7.45 PM. I was driving my two wheeler with my wife and kid. I seen a person standing in a road divider . when I was pretty close to him he started to cross the road where there is no zebra crossing. I tried my level best to avoid a collision but it failed i collided with him. I got a severe facial injury and my kid and wife too sustained injuries. The person is also injured and rushed to the hospital. What should i have to do now I am not clear about the proceedings. Kindly guide me in this process
Arvind Singh Chauhan
(Expert) 11 February 2011
If FIR has been lodged against you. You should surrender before court and should ask for bail. Offence is bailable there is no problem in bail. In investigation or trial you can prove your innocence that there was no negligent driving on the part of you. The person crossing the road suddenly crossed the road in wrong manner.
Advocate. Arunagiri
(Expert) 12 February 2011
I agree with Mr.Arvind. Generally for this type of accidents the police will not arrest.
indrajit mukhopadhyay
(Expert) 13 February 2011
If any FIR u/s279/338 has been lodged against you? Then get bail from magistrate court, offence is a bailable one.during trial its very hard to prove the driver's liability regarding rashness and negligiency. If no FIR is lodged then keep quite.
J K Agrawal
(Expert) 13 February 2011
If No Fir Registered then?
Inform to insurer about accident. It is a condition of insurance agreement.
Collect all your medical bills and keep all medical record with you.
If you have personal insurance inform them at once.
Inform the insurer about insurance and claim damages for your wife and kids injuries.
If your vehicle is damaged and you have insurance, claim it.
Inform the person victim of accident your name address your vehicle particulars and insurance particulars, It is necessary under s 133 of M V Act.
and so on.
Arunan
(Querist) 15 February 2011
Yesterday I was called by the traffic investigation team and they released in bail of my dad. Also they asked the vehicle to be completed with Vehicle Brake Test with RTO. I completed the process.
Further i was informed by the police that the court will call you for trail and thier work is ended.
I would like to know the view point from experts that the person is crossing a road where there is no pedestrian crossing he was standing on the divider. It is because of him my safety on the road was challanged. I got severe injuries.
Can any expert in chennai who can assist me on this issue?
Sarvesh Kumar Sharma Advocate
(Expert) 13 February 2011
