It is a common phenomenon in Bangladesh where road accidents occur with serious injury, death, and damage to properties. It is essential for victims, drivers, and all related individuals to know about the legal process and legislation of road accidents. In this article, a step-by-step description of legal processes of road accidents in Bangladesh, how to file a case, and compensation is provided.
Road accidents in Bangladesh are governed by a number of acts of law, such as the Motor Vehicles Ordinance, 1983, the Road Transport Act, 2018, and some provisions of the Penal Code, 1860.
The latest act governing road accidents is the Road Transport Act, 2018. This act prescribes punishments for careless driving, hit-and-run crimes, and other crimes that pertain to road safety. Under this act, drivers, transport organizations, and the vehicle owners are held responsible for negligence or violation of traffic rules leading to road accidents.
in case of any mishap to any vehicle, it is preferable to report the accident at the closest police station giving highest priority to the health of the injured. First aid has to be given to the injured person forthwith, and the emergency services need to be alerted if the case is such. Instead of assuring medical attention first, reporting the accident to the police first is essential. Filing a General Diary (GD) or a First Information Report (FIR) at the local police station makes it easier to start legal proceedings. The police will investigate the accident, gather evidence, and determine the party at fault.
For criminal responsibility, the rash driver can be prosecuted under the Penal Code, 1860 for criminal charges of rash and negligent driving causing death, careless driving, or fleeing from the accident spot. The penalty may be imprisonment or fine, based on the seriousness of the accident. The Road Transport Act, 2018 has made more stringent penalties in the form of increased fines and suspension of the driving license in case of recurrence.
If the motor vehicle employed is insured, its insurance company can settle a portion of the compensation.
To file a claim for compensation, the victim or his advocate will need to prepare required documents such as the police report, medical reports, witness statements, and evidence of damages. The suit must be filed in an appropriate civil court to initiate the process of compensation.
If the vehicle is insured under an insurance policy, one can also file a claim with the insurance provider. Insurance claims will require legal support to facilitate proper documentation and a fair settlement.
In the case of hit-and-run accidents, when the at-fault driver abandons the accident site, prosecution is more complicated. The police need to investigate the accident and track down the offending vehicle. The driver, if found, can be prosecuted under the Road Transport Act, 2018 and the Penal Code, 1860. The victim can still receive compensation, and in certain cases, the government offers financial support from special funds established for the victims of road accidents.
If the victim is murdered in a car accident, family members have the right to institute legal proceedings and recover compensation. The family members of the victim can sue the offending party for wrongful death. Compensation is paid on the basis of the earnings of the deceased, age, and support to the family. Legal assistance is generally required to ensure that the family is adequately compensated.
Traffic regulations in Bangladesh are formulated to prevent accidents and maintain road safety. The rules are enforced by the Bangladesh Road Transport Authority (BRTA), licenses are issued, and traffic rules are monitored.Violations of traffic laws, such as over-speeding, reckless driving, and driving without a valid license, can lead to fines, imprisonment, or both.
Legal advice plays a crucial role in the effective handling of road accident cases. A traffic law attorney can help victims in seeking legal recourse, gathering evidence, and arguing their case in court. Victims and accident families also struggle to get compensation since they are not legally aware, making professional legal services a necessity in such cases.
To avoid legal problems, drivers and vehicle owners need to follow traffic rules, insure their vehicles, and drive safely. In case of an accident, early legal counsel helps in seeking clarity on rights and action at law. Road accident cases may have a complex legal process, but with the right legal counsel, victims are able to receive the justice and compensation that they deserve.
For expert legal assistance on road accident matters, contact The Justice Corner, your one-stop law firm for traffic-related legal services in Bangladesh.
