Did you know the number of road accidents across India amounted to around 461 thousand in 2022? Every year, around 3-5% of the country’s GDP is invested in road accidents among which 70% of accidents involved young Indians. More than 30% of these road accidents are hit-and-run cases, and only 10% of hit-and-run drivers are booked.
Despite the staggering statistics, hit-and-run accidents are a distressing reality in India’s roadscape because they present a grim picture of negligence and legal complexity. Undoubtedly, law firms in Mumbai can aid you with hit-and-run cases, but understanding the legal ramifications of these cases is crucial. Why? Because beyond the immediate physical and emotional toll, they can change the lives of the victim and culprit substantially. Want to know more about hit-and-run cases? Here’s a guide from the Indian top criminal lawyers.
Definition and Classification:
According to Indian law, a hit-and-run accident is defined as an incident where a motor vehicle operator fails to stop after being involved in a collision causing injury or damage to another person or property. These incidents are classified based on severity, varying from minor to fatal accidents.
Legal Provisions:
The Motor Vehicles Act, of 1988, is the principal legislation governing road safety in India. Section 161 and Section 279 of the Act specifically address hit-and-run cases. Section 161 mandates the reporting of accidents, while Section 279 outlines the punishment for fleeing the scene. Offenders can face imprisonment, fines, or both, depending on the gravity of the offence.
Duty of the Driver:
Every driver involved in an accident resulting in injury or damage is legally obligated to stop and provide assistance. Immediate medical aid to the injured and informing the police are fundamental responsibilities. Failure to comply with these duties can lead to severe legal consequences.
Challenges in Enforcement:
Enforcing laws related to hit-and-run accidents poses substantial challenges in India. In many cases, lack of witnesses, poor surveillance, and delayed reporting hinder the identification and prosecution of offenders. The absence of CCTV cameras on roads exacerbates the difficulty in collecting evidence.
Compensation and Legal Recourse for Victims:
Victims of hit-and-run accidents face an uphill battle in seeking compensation and justice. The Motor Vehicles Accident Claims Tribunal (MACT) plays a pivotal role in adjudicating claims. However, delays in proceedings and complexities in establishing culpability often impede victims’ access to timely justice.
Recent Legal Reforms:
Recent times have seen endeavours to enhance road safety and address hit-and-run cases more effectively. The Motor Vehicles (Amendment) Act, of 2019, introduced stringent penalties for traffic violations, including hit and run accidents. In addition, initiatives to install surveillance systems and increase public awareness aim to curb such incidents.
Conclusion
Whether you are the victim in a hit-and-run accident, you are suffering the loss of a loved one due to hit-and-run, or you are booked with those charges, ensure to consult an Indian top criminal lawyer as soon as you know about the accident. If the case is intricate enough and you need the speciality of more than one lawyer, feel free to reach out to the top law firms in Mumbai.