Pedestrian Accident Personal Injury Lawsuit
The Rising Issue of Pedestrian Accidents in India
The rate of pedestrian accidents in India is on the increase. With rapid urbanization and already overcrowded roads, a pedestrian is easy prey to accidents on the roads. According to the data of the Ministry of Road Transport and Highways (MoRTH), 17,993 pedestrians lost their lives in India in 2020, which sums up to 10.9 per cent of the total fatalities due to road accidents. These numbers can give an idea about the extent. The pedestrian accidents do not result in minor injuries only; most of them end up with serious or fatal injuries.
But what happens when it is the pedestrian who suffered injury or death at the hands of another?
Who does the pedestrian turn to for recourse or recover medical expense, loss of income, and emotional distress?
Under the Indian law, pedestrian accident personal injury litigation makes it possible for victims to have an equal chance of winning justice and compensation.
Agitation: The Challenges Victims Face
The legal backdrop of accident claims involving pedestrians in India is quite as complex as it is challenging. Victims may not know what to expect, how to file a claim, or what kind of compensation they might be able to obtain. Often, the insurance companies, as well as the negligent drivers, will try to rush the case’s conclusion by offering only the minimum amount of compensation for injuries or damages.
Under such a situation, accident victims may have to bear the medical bills, cost of rehabilitation, and other associated expenses unfortunately.
Another important consideration is that, although Indian traffic laws aim to protect pedestrians, its enforcement, in many areas, remains weak. The law proves hollow on paper compared to what happens in real life. With limited options of addressing the issue in case the victim does not understand the ropes of how to go about a pedestrian accident personal injury lawsuit.
Solution: Filing a Pedestrian Accident Personal Injury Lawsuit in Indian Law
1. Familiarity with the Indian Laws regarding Pedestrian Accidents
In India, pedestrian accidents are under the category of Motor Vehicle Accidents and governed by the Motor Vehicles Act, 1988. Section 140 of the act provides no-fault liability compensation, and any victim can claim compensation without proving the fault of the driver. However, the personal injury lawsuit for pedestrian accident to claim larger amounts of compensation claims have to go through normal legal procedures involving proof of negligence when it is more than Rs. 25,000 for an injury or more than Rs. 50,000 for death.
The key legal provisions, as follows:
- Section 304A of the Indian Penal Code relating to death by negligence.
- The IPC Section 279 prescribes punishment for rash and negligent driving.
- Sections 140 to 166 of the Motor Vehicles Act, pertaining to compensation and fault liabilities.
Pedestrian accident cases can be both filed with the Motor Accident Claims Tribunals (MACT) and through civil courts, depending on the nature of the case.
2.Steps of Personal Injury Litigation Over Pedestrian Accident Case
Step 1. Action to be Initiated in an Accident Scene
In the case of a pedestrian victim, immediate medical attention is essential. Some of them include taking photos at the accident site, getting the contact details of the onlookers, and police reports among others, to be used in court.
Step 2. Filing FIR (First Information Report)
The injured pedestrian or his or her family should file an FIR with the local police. To a case of pedestrian accident personal injury, an FIR is important because it will record the incident and the details of the driver responsible.
Step 3: Lawyer Hiring
Finding a lawyer who has dealt with such cases, pedestrian and personal injury claims arising out of an accident. He shall then counsel and assist in judicial procedures, collect proofs and then negotiate with the insurance firms and the lawyers for the respondent.
Filing Claim at MACT
Step 4: Circuit Court Procedure
Claims under a road accident always fall on the Motor Accident Claims Tribunal. The case must be filed under the jurisdiction where the accident has occurred. The MACT allows victims to file claims of:
- Medical expenses
- Compensation for physical and mental suffering
- Loss of wages
- Permanent disability or death
3. Case Study: A True Pedestrian Road Accident Personal Injury Lawsuit
There is one such case in 2019 wherein a pedestrian was hit by a speeding car at a zebra crossing in Delhi. Victim received grievous injuries including fracture, head injury and internal bleeding. Accused ran away, however, witnesses noted the number of the vehicle.
The victim’s family filed an FIR, with the identification and arrest of the driver with the aid of CCTV footage. He filed a case in the MACT against the driver for damages to the person injured due to a road accident caused by a pedestrian.
With a long-drawn litigation spanning over a year, the compensation received was Rs 25 lakh, which covered medical costs, rehabilitation costs, loss of wages, and more about the emotional damages caused.
This indeed displays the amount given in terms of compensation as the claimant does have a case to argue for the pedestrian accident lawsuit based on solid facts and legal support. Further, it does highlight the element of swift action in the matter of law, solid evidence, and the quest for justice.
4. Compensation in Pedestrian Accident Personal Injury Lawsuits
The pedestrian accident personal injury lawsuit may present the opportunity to award compensation to the victims based on the nature that characterizes the injuries suffered. Compensation forms include:
Medical Expenses: This is all the expenses pertaining to hospital visits, the treatments they have to undergo, and the cost incurred in rehabilitation. The nature of the injuries can even allow claims regarding future medical needs.Loss of Income: If the injury renders the victim unable to work, then, there may be recovery for lost income-current and future.
Permanent Disability: If the pedestrian is disabled in such a permanent or longstanding way that lifestyle must be altered, recovery would cover those changes, which could include appliances helpful to assistive living arrangements or in-home care.
Pain and Suffering Compensation: the claimant is entitled to reparation on account of pain, shock, and reduction of quality of life acquired due to the accident.
Wrongful death : In a fatal accident case, relatives or members of the family can recover damages with respect to financial support which the victim cannot offer while alive, expenditure on funerals, and distress.
5. Burden of Proving Causation in Accidents Causing Pedestrian Personal Injury Claims
In most cases, proving fault in personal injury lawsuits of pedestrian accidents is not very easy because most drivers deny responsibility or blame the pedestrian for the accident. The defense may try to say that the pedestrian was jaywalking or did not uphold traffic rules, for example. Hard evidence such as eyewitness accounts and CCTV footage with regard to the medical report makes a strong case for the victim.
In other instances, the fault might lie both with the driver and the pedestrian. The principle that India adopts is that of contributory negligence, which states that in case the pedestrian is equally to be blamed for the accident, then the compensations should decrease accordingly. The MACT or the court will calculate the percentage of the fault, and the compensations will be reduced accordingly.
Conclusion
Submitting a case under Indian law for pedestrian accident compensation in dollars and cents and sometimes much more-it holds negligent drivers responsible for their doings. A person is highly injured or even gets killed after pedestrian accidents, hence justice needs to be explained through legal rights.
It’s here that victims can hope to cut through the labyrinth of Indian law – be it MACT, or civil courts – with gathering of robust evidence and aided with able legal guidance from an experienced attorney. The role that pedestrian accident lawsuits have to play in making India’s roads safer for people lies herein.
Disclaimer:
This is an educative post, and therefore must not be used as a basis for seeking advice in the law court. Seek the input of an attorney on how to proceed with your pedestrian accident personal injury case.
Important things to remember
- The rate of road accidents has increased, and because of this, people have been in need of making claims in a pedestrian accident personal injury lawsuit.
- A victim may file a claim by raising a demand for compensation through MACT in a pedestrian accident personal injury lawsuit.
- Negligence has to be proved against the driver. Only then can the case of a pedestrian accident personal injury be negotiated easily.
- If evidence is brought strongly and basis upon law is strongly supported, a case of pedestrian accident personal injury can be negotiated easily.
An aspect of compensation that constitutes a part in a pedestrian accident personal injury would include the following: recuperation of medical costs, loss of income, and emotional distress.
This publication addresses all issues that come up in Indian courts pertaining to pedestrian accidents for personal injuries. The book offers practical advice and data, along with all legal processes. Let me know if further edits are in order!
Disclaimer:
It is general information and should not be considered or construed as legal advice. If you have a specific question or require legal assistance with regard to a pedestrian accident personal injury matter or any other type of case, please consider consulting a licensed attorney in your jurisdiction.