Introduction

What is an accident ? Accident is defined as,

1. An unexpected, unplanned occurrence which involves injury.

2. WHO Advisory Group defined accident as ‘Not planned or thought of event resulting in recognizable damage

3. Occurrence of events resulting in unintended injury, death or property damage.

Majority of accidents are preventable if taken proper care. They occur more frequently in certain age groups, certain timings, certain localities. Because of large technological progress, road accidents are now not restricted though more to two wheelers. Nowadays even cases of heavy vehicle accidents are also increasing. This note we will discuss on the causes of accidents, prevention, investigation, examination and types of road traffic accidents.

The causes of road accidents

a) The causes of road accidents are many some of the causes are as given below

b) Over-speeding or driving in excess of prescribed speed limits.

c) Avoiding wearing helmets or  using seat belts results in majority of road accident. Head injuries results in death in many cases

d) Driving under the influence of drugs or alcohol.

e) Large no of pedestrians and their negligence and even animals on road

f) Over loading of vehicles than prescribed limit.

g) Old and poorly maintained vehicles increase the chances of accidents.

h) Poorly maintained roads resulting in increasing number of potholes.

i) Use of mobile phones or ear phones while driving/crossing the road.

j) Violation of road signs, signals, traffic lights and road safety rules or many a time due to their ignorance.

k) Long hours of drive, tiredness and fatigue of the driver and lack of traffic education.

Prevention

Accidents are caused and they just do not happen. If preventive steps are taken, many accidents can be prevented. There should be proper education on safety measures, maintenance of the vehicles, traffic rules.

Legislation has also embodied codified rules and they must be strictly followed and enforced by concerned authorities.Some of which includes, driving tests, medical fitness, speed limits, compulsory wearing of seat belts, checking alcohol content in blood, inspection of vehicles. If all the rules are strictly followed, the incidences of road accidents will decrease.

Investigation

The investigation of road accidents cases involves the following purposes.

1. To identify the cause of accident.

2. To allow or to help adequate compensation to the victim. Or his family members if he is dead.

3. To punish the offender if any offence is involved like breaking the traffic rules.

4. To plan guidelines for preventing future accidents in similar circumstances.

The investigation must include :

a. Collection of information and cause of the accident

b. Examination of vehicle or vehicles involved in the accident.

c. Examination and survey of the place of accident, prepare reports, ‘panchnama’, collection of information of accident from witnesses.

d.Medical and general examination of the person driving the vehicle.

e.Necessary blood test to check alcohol contents in blood.

f. Medical and general examination of the victim or injured person.

g.There should be team for the purpose of investigation which should comprise of experienced investigation police office, automobile expert, a medico legal expert.

Types of Victims of Road traffic accidents

1. Pedestrian victims i.e people walking on the road.

2. Occupants of the offender vehicle like driver and others

3. Occupants of the offended vehicle like driver and others

Suit for Compensation

There should be proper and detailed report of investigation of causes of accidents. These reports help the victims to get compensation from defaulters or may be from the insurance policies.

Provisions for compensation under Fatal Accident Act.

Whenever the death or a severe injuries are caused by wrongful act, neglect, or default resulting in death or damage, the party shall be liable to an action or suit for damages. This action or suit shall be for the benefit of wife, husband, child, and/or parents.

Constitutional Provisions

Article 21 gives right to life which includes right to health and right to doctor’s assistance which can be interpreted as, right to treatment in cases of road accidents. And also under Directive Principles, Article 41 and 42 implies right to treatment in cases of road accidents

Pandit Parmanand Katara v. Union of India : This case refers to Article 21, Article 32, 41 and 42 implying the right to get the treatment in sickness and disablement. The Supreme Court in this case held that, there cannot be two opinions that preservation of human life is of paramount importance. Every medical practitioner whether practicing independently or attached to hospital, has a profound obligation to extend his services in case of emergency. No law or statute can intervene to avoid or delay the discharge of this paramount obligation. If better facilities are not available, at least primary medical aid should be provided to patient and refer the patient to hospital.

Paschim Bengal Khet Majdoor Samiti v. State of West Bengal : This case refers to Article 21 to be read along with Article 41 & 42 making the duty of the state to provide the treatment in sickness and disablement. In this case The Supreme Court has held that, it is the responsibility of the State to provide for the facilities of treatment in the state run hospitals and held that, the inability of State hospital to provide Neuro Surgery in this case of accident, as violation of Article 41 & 42 to be read with Article 21 and penalised the Bengal Government with fine. ‘It was held that, life without health is no life at all’.