Apply emergency brakes or trail a moving vehicle too closely at your own risk as Supreme Court has said that using brakes all of a sudden in the middle of a road or not maintaining sufficient distance from a running vehicle make a person liable for an accident if it occurs.
While adjudicating a motor accident claim in an accident involving a bike, a car and a bus in which bike rider collided with the four wheeler and was hit by a truck after falling down resulting in 100% physical disability, a bench of Justices Sudhanshu Dhulia and Aravind Kumar found fault with all three who were driving vehicles. The court said that the car driver was at fault for suddenly applying brakes in the middle of the road and the biker also committed a mistake as he was not maintaining safe distance from the car and also the bus driver whose negligence resulted in grievous injury and led to the amputation of a leg of the biker’s.
The court rejected the plea of the car insurer which contended that the biker had hit the moving car from behind and the car driver was not liable. The car owner had said that he had suddenly applied the brakes as his wife was pregnant and she had a vomiting sensation at that time, a justification which was rejected by the court.
Examining the role of all three drivers, the court said that the biker, who was an engineering student and lost his one leg, was also liable for contributory negligence but only to the extent of 20% whereas the car driver and bus driver are liable for negligence to the extent of 50% and 30% respectively.
