Road accidents are a daily occurrence in every major city in the country. Even though there are many restrictions, there are many campaigns about road safety, but not much has changed in this film. car accident lawyer
Road accidents are also associated with several factors Prachi Mishra, a lawyer of the Supreme Court, says that from insurance to medical treatment, from arriving at the hospital to seat belt rules, what exactly should be followed, and what restrictions apply in this case.
Who is responsible for taking the injured to the hospital?
In case of a road accident, it is the responsibility of the vehicle owner or the driver of the vehicle to take all necessary steps and take to the hospital or provide first aid. car accident lawyer
What is the golden hour?
The golden hour is 1 hour after injury. This is the most valuable time to save someone who is seriously injured. car accident lawyer
Golden Hour and Cashless Treatment-
Section 162 (1) of the Motor Vehicles (Amendment) Act 2019 states that cashless treatment should be done during this golden hour.
If no one is insured at the time of the accident-
According to the above section, the amount claimed by the person injured in the accident, used for medical treatment, shall be paid to the owner or driver of the vehicle, which is mandatory in his insurance policy. car accident lawyer
If the vehicle was with a friend or just with the driver, then-
The person driving the vehicle will be punished under Sections 279, 337, 338, and 304 (a) of the Indian Penal Code. Besides, under the Motor Vehicle Act 1988, the driver has to pay the penalty.
If the vehicle has a person who does not have a valid license-
In this case, both the driver and the owner of the vehicle have to take responsibility. and bear the burden of damages. car accident lawyer
What if this accident is caused by someone underage?
The vehicle owner or guardian of that minor youth or young woman should take responsibility in this case. However, if they can prove that this incident is not intentional on the part of the young man or woman, then the burden will not fall on the owner or guardian.
Also, if the young man or woman has a learner’s license or has applied for a learner’s right, as per Section 8 of the Motor Vehicle, the responsibility for the accident will not go to the owner if only the minor youth or young woman is responsible for this incident, then he/she will be punished.
If someone claims personal injury, should he go to court?
If the driver’s insurance company agrees to pay what the injured party is asking for andsettles the matter, there is no need to go to court If not, go for it. car accident lawyer
How much compensation to the injured?
If someone dies in an accident, an application can be made under Sections 163A and 140 of the Motor Vehicles (Amendment) Act, 2019. As per Section 163A, more than Rs 5 lakh can be claimed, but Section 140 provides for a specified amount only. car accident lawyer
Can compensation be claimed in the same way if the person injured or killed was not wearing a seat belt at the time of the accident?
In this regard, the state has different rules In some states, damages are reduced if road safety rules are not followed, or the injured party is at fault.
If someone dies-
In this case, the vehicle’s driver is punished under Section 304A of the Indian Penal Code of 1860. car accident lawyer