‘Proper filing of accident cases can help spread word about traffic rules’

A leading advocate, specialising in motor vehicle insurance, said, proper filing of accident cases, by the police, can help create ‘word of mouth awareness’ among the people, about the significance of adhering to traffic rules. “Knowledge that insurance claims will fail, if the rules are not followed, can promote road safety among road users,” he said.

“I mostly handle cases of road accident victims, mostly of families of persons who die in mishaps. Even though I argue for my clients and get them the insurance amount, I feel guilty that I am arguing unethically, as I know that most of the mishaps are a result of violation of traffic rules,” the advocate admits.

Other causes

“Some accidents may occur due to technical problems in vehicles or unscientifically laid poor quality roads. But, even such mishaps can be prevented, if the road users care for safety and follow the rules,” he said.

The advocate added, “It might sound bitter. But, the fact is that we Indians are an indisciplined society. We have scant regard for law and rules. Regarding road accidents, we hardly discuss about mistakes of pedestrians. Pedestrians are always portrayed as victims. Their violations are hushed up.”

“Insurance amount should not be paid to pedestrians killed or injured in an accident, when they were not walking on the footpath, at wherever available; when they were not crossing the road on zebra crossing or places designated to cross the road; and also, when crossing on zebra crossing, while there is no green signal for pedestrians,” the advocate said.

Emotion

A road transport official said, “I would not say that the police are corrupt and thus, they do not file the case properly. They might be corrupt to some extent. But, they usually display sympathy for the deceased. They usually file the case that favours the deceased. If the police start filing cases as per law and rules, more than 50% of the victims of accidents would not get an insurance claim.”

“It is unfortunate that those who should uphold law and promote its adherence, are diluting it. Besides causing loss to insurance companies, such officials are risking the life of other road-users. The police should mention if a two-wheeler rider was not wearing helmet properly, strapped to fit; if a car driver or passenger was not wearing seat-belt; if the vehicle was over-speeding; if the vehicle was on the wrong side of the road; if the vehicle was violating one-way rule; if the vehicle jumped signal; if the vehicle overtook from the wrong side; if the vehicle did not follow lane discipline; if the vehicle did not maintain the prescribed speed of the lane; if the vehicle changed lane, contrary to the rules; if a rider or driver was under the influence of alcohol or some narcotic drug; and if the vehicle was overloaded,” the transport department official said.

Deterrent

The advocate said that ‘word of mouth publicity’ is the best. “This is suitable for creating awareness about road safety. If people become aware that either they or their dear ones will not get insurance claim, if they do not adhere to law and rules, it will act as a deterrent against violations. This is important in the wake of the exponential growth in the number of people and vehicles on the roads,” he said.