[electric_eel]

Originally Posted by SNOWY227

Has anyone else been in a similar situation? I’m looking for advice. Our whole family was scared to drive on the highway for months, because no one dreamt of this happening when you’re ACTUALLY under speed limit and driving mindfully.

My in laws were in a similar, though not fatal, situation. The biker did have license and was "wearing" his helmet. The net result is that my mother in law does not drive a car any more. I remember seeing some post of some bhpian who got into a similar situation (not only did the biker not have a license, but if I recall correctly was drunk too). All I can say is get a good lawyer and get over it slowly. Meanwhile if it is of help, most of the "court drama" would be between your insurer and the victims relatives where the lawyer of the victim will quote some huge damages (thank your stars that there is third party insurance). Most likely your relative need not visit the court and can be represented by his lawyer. Be ready to pay some fees for the lawyer and some fine. What I understand is that these are "routine" cases for the lawyers, the police and the courts and they all know what is happening.

[deathwalkr]

Originally Posted by SNOWY227

Has anyone else been in a similar situation? I’m looking for advice.

You could try posting this in the lawyers thread as well for some good legal advice.

https://www.team-bhp.com/forum/shift...ations-55.html (Calling Lawyers & CAs on this forum to provide free consultations)

[TheARUN]

Originally Posted by SNOWY227

The case is filed under Section 304(A) if I’m not wrong. But I am very scared and skeptical for him. Please give your insights on this.

There have been a change in the criminal laws, kindly check under what section and what is the maximum punishment.

I know of a case where a state transport bus driver had people sitting on top of the bus, he slammed the break for some reason and 1 fell down and got run over or something and died. They filed a 304A on him, the lower court convicted him the district court also convicted him and he landed up in the high court. Guess it's still going on

Point I'm trying to make is this is as serious as it gets. Please check if you have relatives and friends who are in the police or are lawyers, the laws are the same all through the country so someone might be able to give you the right advice

[chaitanyakrish]

Originally Posted by SNOWY227

Recently, a relative of mine was involved in an accident.

The incident might be something like this. This video was shared with me on Twitter/X.

Here the biker is hearing impaired so he didn't hear the horn as well. To avoid incidents like this, I had adopted the following strategy :

1. Stay alert near gap in medians on highways and watch out for any bikers who are waiting on the left to turn.
2. Use horn, but it may not always work, as seen here.
3. Slow down by checking traffic behind

https://www.youtube.com/watch?v=BR9UZaCQuLE

[SNOWY227]

Originally Posted by chaitanyakrish

The incident might be something like this.

Here the biker is hearing impaired so he didn't hear the horn as well. To avoid incidents, I had adopted the following strategy :

1. stay alert near gap in medians on highways and watch out for any bikers who are waiting on the left to turn.


https://www.Youtube.com/watch?v=BR9UZaCQuLE

My god. This is eerily similar to what happened. Except for the fact that the median was a well 200-300m away from the spot and well out of vision.(saw the intersection when going to drop the car to the police station itseems). Since the “victim” was 70-75+ year old, there’s a good chance his hearing wasn’t very sharp too. My relative has honked continuous and has made every effort to slow down, leading to the moped just touching the left mirror and left part of the car. The car was just mm away from the median when it stopped.

[locusjag]

If you stick to cruising at a leisurely pace of 80 Kmph, ease off the accelerator when you spot probable risks and if you use a dashcam which has the ability to record your geographical coordinates and speed - even if God forbid such accidents occur, you should be able to prove your innocence.

Speaking for myself - ironically - I have a dashcam which I put into my bedroom's cupboard at the start of the pandemic when no one was driving anywhere and it has remained there ever since. That's got to be a stupid thing that I'm doing.

[svsantosh]

Originally Posted by chaitanyakrish

The incident might be something like this. This video was shared with me on Twitter/X.

The biker may be at fault but the car driver did not stomp on the brakes, rather he did not even slow down a BIT!.

Hint - do not fixate on the biker, just see the frame rate of the median pillars moving from beginning to the point of impact - it hardly changed.

"IF" the car had STOMPED on the brakes, there surely would have been a slightly better end result. I do not think this impact was survivable by the biker.

Drawing a parallel - One of tests to get a License in Dubai is the STOMP test, driver has to stomp the brake after a BEEP within a particular distance. It can be scary first few times. I can bet not many people would have ever attempted that in India. But it sure helps to be ready to do it if such a need arises.

https://youtu.be/tptMQrON8rY?si=MeXdPii0g-Q416Gb

[Thad E Ginathom]

Originally Posted by svsantosh

Drawing a parallel - One of tests to get a License in Dubai is the STOMP test, driver has to stomp the brake after a BEEP within a particular distance. It can be scary first few times. I can bet not many people would have ever attempted that in India. But it sure helps to be ready to do it if such a need arises.

Emergency stop is part of a British driving test too. Probably also many other countries that have tests that do actually assess the competence of the candidate and grant or deny the licence to drive, accordingly.

I've written on this site before that it is something one should practice. One needs a mate though: you can't tell yourself to do an emergency stop. Psychologically it just doesn't work.

[Raghuwire]

Originally Posted by SNOWY227

The police who weren’t even in the scene, have written “Rash and Negligent driving and over speeding” in the FIR. When questioned about that , they replied it is to help the victim get the insurance money making it seem as the SUV’s fault. Now the lawyers have told my relative that there will be customary process in the courts and nothing to be worried regarding any imprisonment or fine. The case is filed under Section 304(A) if I’m not wrong. But I am very scared and skeptical for him. Please give your insights on this.

I work with lot of trucks and this is a very routine thing which police do in case of any fatalities, when trucks are involved at least. The modus operandi is as follows:
1. Truck and other vehicle taken to police station. Driver also if caught will be in the jail for sometime.
2. The owner or his representative rushes to the spot, clears all pending traffic challans. Speak and negotiate with other party.
3. Police book rash and negligent driving on the truck. This helps victim get the third party damage amount.
4. Vehicle is left within few days or the goods in it are allowed to be shifted, hence not risking the stock which will cost the transporter .
5. If the victims family are claiming an absurd amount, then things like lack of puc, helmet, driving license etc. is dug up.

[maddyoni10]

Just saw this article

https://www.moneycontrol.com/news/tr...-12810604.html

Please look at the video in the thread. Scary to watch him drive. It is like he is playing a video game or something and such a pathetic attitude to not even stop and look if the biker is injured or needs help. He is almost laughing and blaming others...The audacity is appalling and calls for exemplary punishment.

[DasAuto1985]

Saw a video in Insta about an influencer rajat dalal, who is driving his SUV at 140KMPH in a crowded road, mostly within city limits. He hits a biker and says "it happens". Have been shocked and enraged beyond words seeing that. Hope he rots in jail and his license is canceled, but who am i kidding. Couldn't share video here as cannot access insta in work laptop.

[rev_to_redline]

Originally Posted by maddyoni10

J Scary to watch him drive.

Indian roads are not at all safe for 2 wheelers. This one caught attention, but I encounter idiots like him almost every time I drive more than a few KMs. As part of situational awareness, I keep an eye for these bullies and stay away.

Hope the Biker is fine and that this bully is arrested soon. Nothing will happen to other road bullies like him who don't get social media attention.

[Gennex]

https://www.eenadu.net/videos/playvi...siguda/1/58033


I warn you, it's a very disturbing visual. Woman gets crushed by truck.

[ramki.grandhi]

This came up in my feed today, I do not know this guy though.

https://www.youtube.com/watch?v=GQcko9OXfd0

[CarNerd]

Never seen a crash like this in India:

https://youtu.be/ayHnQytU9sY?si=M1knYcOP4FQfhY8E

On Twitter: https://x.com/ndtv/status/1829531588817998265

This happened in Rajasthan. As per news, the tractor driver is trapped but alive, Lucky escape for Creta.