Met with an Accident; Quite Serious

[Sonakshi]

I was driving at about 65 kmph. There was a lorry and a bike in front of me. I turned in the opposite lane to overtake and the bike was also trying to overtake. I horned before overtaking and the lorry didn't slow down or anything. In fact seems like he went faster. Then an oncoming car came and I tried to brake but for some reason my foot got stuck with the accelerator pedal. I turned back behind the lorry and hit the bike sideways and my car crashed into back of lorry. Damage is quite extensive and biker had no helmet and got injured.

I don't know details of injury but he couldn't get up and was bleeding. He was taken away by ambulance.

Police took a statement from me and lorry driver.

I'm really scared and I've only had license and car since quite recently. What is the procedure from now? Are there supposed to be any court appearances or anything? Who is at fault in the accident, lorry driver, me or both? Or will my insurance just handle it for me?

 

[P3T3R]

Re: Met with an accident, quite serious

Two things in your favour are that a police case was registered and the ambulance was called.

 

[icecool]

Re: Met with an accident, quite serious

I was driving at about 65 kmph. There was a lorry and a bike in front of me. I turned in the opposite lane to overtake and the bike was also trying to overtake. I horned before overtaking and the lorry didn't slow down or anything. In fact seems like he went faster. Then an oncoming car came and I tried to brake but for some reason my foot got stuck with the accelerator pedal. I turned back behind the lorry and hit the bike sideways and my car crashed into back of lorry. Damage is quite extensive and biker had no helmet and got injured.

I don't know details of injury but he couldn't get up and was bleeding. He was taken away by ambulance.

Police took a statement from me and lorry driver.

I'm really scared and I've only had license and car since quite recently. What is the procedure from now? Are there supposed to be any court appearances or anything? Who is at fault in the accident, lorry driver, me or both? Or will my insurance just handle it for me?

i am not quite an expert, but till bike guy is alive, you should thank god for him as well as yourself.
Accidents happen but hope you have had a learning.
Vehicle damages will be taken care by insurance, but negligent driving, causing accident (clauses as per law) will be filed against you, but they are bailable offences.
But if bike guy dies / major operation/ partially or completely disabled and his family members file an FIR you are in legal trouble. Police usually steps in and pacifies the situation in lieu of compensation to the hurt guy (bike guy in this case).
Follow law and please do not take support of bribery.

 

[Sonakshi]

Re: Met with an accident, quite serious

i am not quite an expert, but till bike guy is alive, you should thank god for him as well as yourself.
Accidents happen but hope you have had a learning.
Vehicle damages will be taken care by insurance, but negligent driving, causing accident (clauses as per law) will be filed against you, but they are bailable offences.
But if bike guy dies / major operation/ partially or completely disabled and his family members file an FIR you are in legal trouble. Police usually steps in and pacifies the situation in lieu of compensation to the hurt guy (bike guy in this case).
Follow law and please do not take support of bribery.

When should I expect the charges? Is there a chance of no action being taken. I can't say for sure but I think injuries aren't going to be fatal, no body part looked severed or anything but there was a lot of bleeding. He fell flat on arms and legs. I think its skin injury but I can't say for sure as he wasn't getting up but lying there. He did speak though and moan constantly.
Charges will affect my entry into other countries and I really don't want that as I have International work. I am a US citizen and have a lifelong visa for India. Was born in India but revoked Indian passport.

 

[draneeshpm]

Re: Met with an accident, quite serious

It's not going to affect you as long as you have a valid Indian Driving license or International driving license.If you are summoned to court get a lawyer and you can get out if the mess by pleading guilty.They charge you Rs.2500.But be careful when you drive now onwards,every human life is valuable.

Can't send you the relevant details as you have no PM facility.

 

[kannan]

Re: Met with an accident, quite serious

As IceCool said, you don't have much to worry if the bike guy is OK.
try to get one of your cousins to visit him at hospital to check him out. most of the times even if he or his family members wish to press charges, the Police will try to make truce.
Since you have visa issues, please follow this up properly.
Get a copy of the FIR.
Don't go to the hospital in person, you don't know the situation there.
but please keep close watch till the issue is over.

 

[Sonakshi]

Re: Met with an accident, quite serious

It's not going to affect you as long as you have a valid Indian Driving license or International driving license.If you are summoned to court get a lawyer and you can get out if the mess by pleading guilty.They charge you Rs.2500.But be careful when you drive now onwards,every human life is valuable.

Can't send you the relevant details as you have no PM facility.

Can I plead not guilty and what defense can I use if I do so. If I had to leave India before receiving a court notice or before a case what would happen? I have both Indian and foreign license.

Would previous incidents be taken into account in court because my driving record isn't completely clean. I had two other minor accidents previously,

 

[pravin1987]

Re: Met with an accident, quite serious

till the bike guy is alive, you will not face major problems. it comes under greivance act 260. you are likely to be fined. but if the biker guy dies, your driver license may be withheld for 1 to 4 months and there will be mark added to the license. i guess in case of death, the case changes to section 304a. it may take more than a year for the case to appear in the court.

since you have a valid driving license, insurance for your vehicle. there will be no problems. in case of the biker dying, you have to some amount as fine.

find a advocate who specializes in accidents, it shouldn't be a big problem. in the accidents section, i have posted about a biker guy raming into my friend's car head on and he died on the spot. my friend's license was withheld for 4 months and the case is filled as 304a.

 

[Gurrala74]

Re: Met with an accident, quite serious

It looks that it is your mistake in accident to me. So it all depends on the condition of bike guy. Pray God for him.

 

[draneeshpm]

Re: Met with an accident, quite serious

Can I plead not guilty and what defense can I use if I do so. If I had to leave India before receiving a court notice or before a case what would happen? I have both Indian and foreign license.

Would previous incidents be taken into account in court because my driving record isn't completely clean. I had two other minor accidents previously,

Hi Sonakshi,
You can plead NOT GUILTY but that would drag the case for years and multiple court appearances.If you plead guilty you can close with a fine of ₹ 2500!Take your pick.
Regards,
Aneesh.

 

[icecool]

Re: Met with an accident, quite serious

Points to remember:
- keep a close eye on the updates regarding the bike guy, his family's police approach and police mitigative steps
- if FIR is lodged, plead guilty if driver is alive and fine
- dont mention of your NRI status to police as some may find it a good money minting oppurtunity
- send a close and loyal person to hospital to know health conditions of the bike guy. On humanitarian grounds help him in his medical costs. he may be a poor guy and his medical expense may be a burden on his family. (remember it was your mistake so own the consequences)

 

[generalmax]

Re: Met with an accident, quite serious

First of all accidents do happen.
But this can be reduced if you put little mind on the driving.By your words and deeds I feel your driving style is not so foolproof.
Check on the biker .If you need to visit ,visit him in the hospital along with 2 3 people.
You may be asked to pay up if you show lots of worry. Don't let those people know about your visa issues.Do consult a good lawyer before pleading guilty .If something happens after that then all the responsibility will be yours.
With the help of some friends and police please see if an FIR is filed.And get a copy of the FIR .
There is a Third party insurance to take care of any big insurance claims by the biker.
If a settlement is made make in front of the lawyer and police.
You may have to spend some money anyway.(thats the way in this country)
Hope everything gets alright.

 

[pravin1987]

Re: Met with an accident, quite serious

keep a close knit with police. hope you got the fir report? and also check the map marked by the police cop who visited the place. guess it's white paper marking the accident spot with median and dividers and the position of the vehicles.

 

[patil]

Re: Met with an accident, quite serious

When should I expect the charges? Is there a chance of no action being taken. I can't say for sure but I think injuries aren't going to be fatal, no body part looked severed or anything but there was a lot of bleeding. He fell flat on arms and legs. I think its skin injury but I can't say for sure as he wasn't getting up but lying there. He did speak though and moan constantly.
Charges will affect my entry into other countries and I really don't want that as I have International work. I am a US citizen and have a lifelong visa for India. Was born in India but revoked Indian passport.

I feel you should not treat your case as same as any normal accident case of India because you are not Indian citizen. Hence best is consult a very good lawyer and ask him/her to check what all sections are called in FIR, or possibly called in Charge sheet because some charges may look very simple but you may be prevented from flying out of country. Once you know all the charges then suggest you to inform your consulate about it so that they can help you in right time.

 

[Sandykudva]

Re: Met with an accident, quite serious

@ Sonakshi : Reading your situation i feel its completely your mistake in the situation.
By this i mean that its your mistake but it was not done intentionally.

- The lorry was within the lane so he does not come at fault or negligent driving.
- When you saw the bike guy overtaking you should have waited for him to overtake rather than going behind him.
- Biggest mistake you pressed the accelerator rather than the brake so which is your fault and not the bike guys nor the lorry drivers.

Seeing all the above points i feel your whole future at the moment is based on the survival of the Bike rider.
Considering the facts that you want to go abroad and settle do not let this thing go upto the courts try for an out of court settlement for whatever the situation may be. As i am not completely aware but a mark on your name will surely cause some problem for an abroad visit or settlement.

Finally whatever the outcome be prepared for a lot of bribery from the cops.

Nothing to scare you but its the truth so be ready with all your backups.