1. Given the legal procedures, can I or anybody else shift the accident victim nearby hopsital?

Yes - unlike what is shown in movies, the helper cannot be punished for helping a victim. The most appropriate thing to do is call the ambulance. Most ppl in India are not trained for providing first aid or CPR.

1. What legal procedures are to be completed by the passers by starting from reporting to the police?

There are no legal procedures - saving the live of the victim is the only moral obligation that one should have.

1. Should it start by calling police on #100?

100 or 108

1. How responsive is police emergency number (#100)?

In the past I have called 100 just to test the service - some one always takes the call. 108 is supposedly even better. 

1. Will a private hospital would lend the necessary medical aid to the victim?

It is an obligation for them to treat the victim. Again no police intervention is required. It is against the law for the hospital to turn away a patient. 

1. What about the medical expenses that private hospital would charge for?

Hospitals are not supposed to turn away patients (especially accident victims) for want of money. Again this is punishable by law.

1. Will the good citizenship of passers by who helped teh victim would be appreciated or harassed by authorities?

Harassed?? again some thing to blame our movies - the police will probably want a statement from the helper.

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Ritesh and others,

Can some body points to legal and formal language which points to how accidents victims can be helped?

-Syed

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Courtesy - Chndigarh Traffic Police

"...Supreme Court Judgment: In the case of Pt. Parmanand Katara vs Union of India in Criminal Writ Petition No.270 of 1988, D/-28.8.1989 (AIR 1989 Supreme Court 2039) the Hon’ble Supreme Court of India has observed:

“Every injured citizen brought for medical treatment should instantaneously be given medical aid to preserve life and thereafter the procedural criminal law should be allowed to operate in order to avoid negligent death. There is no legal impediment for a medical professional when he is called upon or requested to attend to an injured person needing his medical assistance immediately. The effort to save the person should be the top priority not only of the medical professional but even of the police or any other citizen who happens to be connected with that matter or who happens to notice such an incident or a situation”.

“There are no provisions in the Indian Penal Code, Criminal Procedure Code, Motor Vehicles Act, which prevents doctors from promptly attending to serious injured persons and accident cases before arrival of the police and their taking into cognizance of such cases, preparation of FIR and other formalities by Police.”..

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Namma Prajagalu,

I am putting together a campaign on 'Helping Accident Victims' to bring awareness as to what do in the event of involving in an accident or witness to accident. Awareness to handle situation so that victim gets timely help, and at the same time law of the land is complied with.

Does anybody has any literature or nice writeup, even in the form of FAQs on this topic? If not, no problem, we can compile a list of questions and get some official answers from Police, lawyers, Doctor's and activist who are working on this subject.

Once we are ready with some literature, we can contact HRs of all the companies and persuade them to disseminate the information. If possible conduct some Q & A sessions as part of their CSR activities. I am sure we all have contacts with many industries associations.

Drop in a comment, if you would like to join in and help out.

-Syed

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Hi,

This is my first post in this forum. My thoughts on this subject.

1. First things first. Police will not rather will never harass for reporting an accident. I have known a couple of incidences where police reached within 10 mins of the call. Once a colleague of mine while returning from airport late in the night happned to pass through an accident site on KH road. He called up 100, and waited for the police personnel to arrive. They arrived in less than 10 mins along with 108 ambulance. My colleague was even complimented by the police for being a dutiful citizen and reporting the incident. My colleague even enquired if the police would require his contact details. They promptly replied that since my colleague was not a witness to the accident, they wouldnt require his statement hence can leave the place.

2. Another point to note that is, when there is an accident it is better to call ambulance and wait for the trained medical personnel to arrive at spot rather than try moving the victim to a hospital. We had a training of sorts in our office where one of the doctors told this. As per him, handling an accident victim is very critical and if not done in a proper way can do more harm than good. A couple of points he mentioned was, do not force feed water to the victim. This could at times block the food pipe. The victim should be lifted in the right way which usually common man like us are not trained to do. So in such cases its better to call ambulance and till the time the ambulance arrive ensure you put the victim in comfort by say offering shade if the victim is under hot sunlight etc. Probably a doctor or trained medical personnel in this forum could come up with more do's and dont's of handling an accident victim.

All in all, like kbsyed61 said, do not think twice for calling 100 when you see an accident victim.

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Welcome to Praja.in Mr Sudhir.

One question regarding 100. There are some myths floating around about 100 not working from all phone networks. Would you know the following:

• Is 100 reliably working from all phone networks?
• Does Police department itself check 100, say once a week, or once a month?
• What is the penalty if 100 does not work. Say I dial 100 from a cell phone. It doesn't work. Where do I report? And What fine does police levy on the operator?
• Who picks up the call when 100 is called? How many operators are available?
• Are the operators able to take calls in the two 'key' languages - Kannada, English? Any other languages supported by 100?
• Does 100 work outside Bangalore as well? How far outside? Rajrajeshwari Nagar? Kengeri? Ramnagara? Maddur?

Sir, 100 is an excellent service, but in my humble opinion, needs to be publicized like crazy. And as part of that publicity, the 'myths' need to be cleared.

regards,

SB aka Pranav

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@silkboard

Unfortunately I too do not know much details about the 100 police helpline. A few years back, I had read in one of the newspapers that 100 will not get through from mobile phones but will work from landlines. It was also suggested that one should dial the std code along with 100 from mobile phones. For eg: 080-100 for Bangalore. I am not sure if it is still applicable. so probably during emergency if 100 doesnt work, try with std code. It would help if somebody having an experience by calling 100 with mobile numbers chip in and tell us if it works.

Also on national highways if they are toll roads, usually you will find emergency numbers on the toll slip itself. This might come in handy if you are on a national highway on toll roads. All NH toll roads is supposed to keep ambulances and tow vehicles handy.

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 It was also suggested that one should dial the std code along with 100 from mobile phones. For eg: 080-100 for Bangalore

I tried from an airtel line about 4 months ago, didnt work. I tried with the 080 prefix also. But ideally emergency numbers shouldnt need a prefix suffix etc.

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What are the reasons that prevents good citizens from lending that needed help to the accident victims?

1. Don't know what is to be done?
2. How to handle the situation?
3. Fear of police legalities?
4. Unaware of of legal position on assisting?
5. Simple case of mind my own business?

-Syed

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Today, BTP put the Parmanand Katara case info on its facebook page.  That was a good move.  However, it got me to quickly google Parmanand Katara which led to this l201st Law Commission report in 2006.  It is a fairly long 120 odd page report that I am yet to read in any detail.  There is a detailed analysis of the legal landscape and a draft law for states to enact.  Apparently, hospitals fall under the "States List'.  The report is addressed to none other than our own governor who was union law minister then!

Why can't Karnataka be the first state to enact such essential legislation? 

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Thanks to Ritesh, came accross this nicely written article on this topic.

What do you do when you come across an accident?

• Take the patient to the hospital or call 108.
• Inform the police and tell about what you saw on the spot of the accident. But the police will take your account of the accident as a written statement only if you allow.
• If you have gone to the police station you need to lodge an FIR (First Information Report) giving detailed account about what you have seen on spot.
• If you are an eye witness and wish to provide written statement then you need to come to the police station and give a written and signed complaint. In the complaint one needs to provide personal contact number. Later you need to attend the hearing of the court.

What do you do when your vehicle has caused an accident?

• Shift the patient to a nearby hospital for preliminary investigation else call 108 for an ambulance. Motor Vehicles Act, amendment 1994, makes it mandatory on both the driver/owner of the vehicle to take the accident victim to the nearest doctor, and the doctor to treat the victim without waiting for any formalities.
• Call 100, which is the Bangalore City Police Traffic control room. Inform the control room of the time, venue and name of the hospital, where the victim is being taken.
• After admitting to the hospital, go to nearby police station and inform the police of the accident, reporting the circumstance of the accident.

Cortesy - Citizen Matters

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Source - NIMHANS's

"...BISP data indicate that,

1. The first place of first aid availability was the nearby hospital for more than half of road traffic injury patients.
2. The role of first aid responders was virtually absent,and doctors and nurses were the first to provide anyfirst aid care; < 5% of fatal cases received care within an hour.
3. Half of injured patients were transported in a private vehicle and one third in an auto rickshaw; ambulances were used for transfer of few patients and mainly for inter-hospital referrals (19%). A similar pattern was observed in rural Bengaluru.
4. Referral from one hospital to another was a common practice as more than 70% had visited more than one hospital prior to reaching the definitive hospital.
5. 1% were brought dead to the hospital and another 2% died in the emergency rooms of the hospitals. Triage was commonly absent at or immediately or
   later after the crash.
6. Notification of Road Traffic injury (RTI) to the hospital was virtually absent. ..."

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Personally even though I am clear I can shift the patient to the hospital without any legal issues, I am uncomfortable with the fact that I may actually worsen the situation in trying to shift depending on the severity of the injury. I am not sure how much of blame will be apportioned to the fact that the injured was unscientifically (unmedically?) moved. I would still rely on trained medical practitioners arriving on the scene as first responders either via ambulance or in the form of civilians who are qualified to know what to do. In fact it will be helpful for citizens to know when NOT to bundle the injured into an auto. Still we will be relying on people who may or may not have information on how to do it properly.

We are ignoring the fact that as per the nimhans source most of the ambulance trips are interhospital taxi service & the disturbing fact that the role of first responders are virtually absent. We may be washing over these deficiencies by trying to make citizens shoulder the responsibility.

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“He (Addl Commr, Traffic) also said that people should shelve the fear that they would be held responsible for the accident. - - - An accident is not a criminal conspiracy. It is important for people to learn that they should stop their vehicle and arrange immediate medical aid to the victim. - - - -  People should inform the police about the accident and follow certain legal procedures. If they fear and speed away, they will be in more trouble as they will be booked under stringent laws. Moreover, they should also think on humanitarian grounds about the plight of the victim and their family members”.

For the full report in the New Indian Express, click here.

Another imprtant aspect of not stopping to help out, is the question of being burdened with a guilt conscience for the rest of your life. Normal human beings would find that difficult.

The report further quotes Mr Saleem - "Regarding solving hit & run cases, he opines that in today’s scenario its difficult for offenders to escape".

However, allowing vehicles to continue violating the provisions of the M V Act (check this post, as also the whole blog), in regard to display of number plates in Kannada (only), so blatantly, is not helping this, as well as other equally important causes, at all.

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IDS,

To your assertion,

We may be washing over these deficiencies by trying to make citizens shoulder the responsibility.

Lending help to an accident victim is just not a single action item. if you carefully look at the NIMHANS report it lays bare the deficiencies in the whole system:

1. Public apathy in stepping forward to help - Not my problem syndrome, Police/Legal Tale Novu?
2. Response to calls on #100 and 108s?
3. Trained emergency responders?
4. Question about whether all Hospitals including the Nursing Homes are equipped to lend that emergency aid?
5. Legal process for investigation and prosecution of the offenders

Each one of is an important piece in this domain and each one deserves equal importance. I am starting at #1 by finding out the formal/legal word on information on this subject.

Just because I am in search of #1, I am not oblivion to other items in the list. I would make that effort to get that needed traction to find some information and possible help which could mitigate the current situation.

Coming back to apprehensions of improper handling of the victims, I have nothing except to ask myself, how would I respond if the victim is my own dear one? What would I do if my loved one needs immediate transport to the nearest hospital or emergency center?

I know I am being bit harsh here, but this is how we could address this issue.

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This is an official reply received from none other than person who is heading the Bengaluru Traffic Police Division, Dr. M A Saleem, IPS.

What should one do if he/she is involved in an accident?
Communicate at the earliest to the 100 providing the following information regarding the location where it has happened, if any injuries are there indicate them, call for the ambulance, note down the numbers of the vehicle involved. Disclose your identity and the
name and contact no’s of your relatives.

What should one do if he/she is just a witness to an accident?
Report the matter to Police control room and make calls to for arranging an ambulance to shift the injured. If possible with the assistance of the passerby shift/move the vehicle to the safe place clearing any obstruction until such time the police Arrives. If possible until such time the ambulance arrives shift the injured to the nearest hospital.

What should one do if he/she happens to pass by an accident?
Inform to the Police Control Room, note down the Registration No of the vehicle, note down the no of injured person

Can citizens provide first-aid to the victims before the arrival of an ambulance or police?
Yes, if you are trained in first aid and if not try to stabilise the injured by moving him to the safe location and intimate to the medical helpline 108.

Can citizens shift the accident victim to the nearby hospital before calling police or the ambulance?
Yes the citizens can shift to the nearest hospital by quickest of means, instruction are given to police men not to insist in getting the identity of the person who shift under force.

What legal hassles or co-operation expected by the police from the citizens who help AV?
Basically the following three questions will be asked by the policemen for which there is no compulsion of answering the same:
1. Where have you brought the person from?
2. Do you know anything about the case of the circumstances leading to the injury of the person?
3. May I have the Particulars?

If felt harassed for lending help to the AV by any authority, who should be approached for help?
Members of the public, who render voluntary help to the persons injured in accidents, will not be questioned un-necessarily and detained at the police stations. However in the event of harassment it can be brought to the Notice of the Control Room 100.

P.S. Special thanks to Dr. Saleem for the prompt response to our questions on this important topic. This information was obtained via an email.

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 how would I respond if the victim is my own dear one? 

Let me turn this around & ask you, where you live, if something happened would you call 911 or bundle the accident victim in your car? 

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IDS,

I know where you are going on this. In US, I will call 911 not only for accidents, but also in every instance of danger to my life or if I am in distress situation needing help. I will not hesitate to rush my family members in my car to the nearest emergency center for immediate medical help.

My wife,children can call 911if they apprehend I am being abusive and could harm them. Even my neighbor can call 911 to report if he/she suspects anything less than cordial situation in my home. Children in USA are trained to call 911 for help in distress situations.

I do not have to elaborate as to how the 911 works in US.

The call/campaign I am trying to run here is just disseminate the authentic information to start with. As I am discovering, there are many aspects which needs careful look and some efforts to make it a decent working emergency response system. I will build on with all the important pieces of this system after my first step.

One may ask how does the disseminate information will help the cause as there are many aspects which needs fixes? Until few weeks back I was under the impression that I know all the answers. But when I did a reality check, i realized I need to know more than what I know at this time. I am sure there will be many like me who would like to acquaint themselves with questions like what can I do in that situation?

That is my motivation to pursue for the information from right sources. Collect them and if possible disseminate to as many as possible. Then move onto the other steps which could unravel the current state of other pieces of the puzzle. My take is, this would be long haul and it will require a solid effort. For now I am alone in this journey. I am sure few more would join in due coarse of time.

No body is making case that in every instance of an accident, people should move the victim immediately to the hospital by themselves. I am sure information provided from Dr Saleem's email would answer some of your and my questions.

Now I am in pursuit of gathering information on do's and don'ts in different accident scenario's from doctor's fraternity. Let me know if you know somebody personally who could enlighten us on this. I have also emailed a friend of mine who is a doctor in ESI. Will post his responses upon receipt.

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I will not hesitate to rush my family members in my car to the nearest emergency center for immediate medical help.

I was referring to non-family accident victims on the street.

The call/campaign I am trying to run here is just disseminate the authentic information to start with

I understand, but all I am saying is citizens acting as first responders cant be called a systemic sustainable solution. It is a reactive bandaid to an existing situation, bypassing the defects in the system. I was trying to bring out the fact that there are things in the system that needs fix and the apathy of the citizens is not the sole cause of these deaths. Not  that you should take those up as well.

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IDS,

I don't think there is any  disagreement on state of our emergency response systems. Until that gets fixed, citizens like me and you can at least do the least possible by calling 100 or 108 for help. May be an early call to 100 or 108 could have saved Arjun's life.

Definitely we need a better system than that exists today. But deeper I dig this into, more scary is the reality. Even if gather the courage to shift the victim, there is no guarantee that victim will get the required medical help at the hospital. But the moral pincher and the hope against hope still exhorts the soul inside me to give a try.

Here are those scary stories about the state of our govt hospitals.

http://www.bangaloremirror.com/article/10/20111117201111170551396696350aebb/Need-an-operation-Just-wait-till-Monday.html

http://www.deccanherald.com/content/205580/ailing-govt-hospitals-get-buildings.html

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Source -

NIHANS's list of interventions for reducing 'Road Traffic Injuries:

• Incorporating road safety principles and good practices in transport, urban – rural development, infrastructure development policies/programmes and all other area development activities.
• Capacity strengthening and t raining of all professionals (especially police, transport, health, law, education, media and others) involved in road safety.
• Better design of roads and highways with focus on safety.
• Traffic calming and speed control measures in all urban areas and highways.
• Augmenting public transport systems and thereby discouraging individual modes of transport.
• Separation of traffic at all possible locations with provision of people friendly facilities for different class of road users.
• Provision of safe pedestrian walking and crossing facilities.
• Total legislation and implementation of helmet laws.
• Implementation of seatbelt laws and encouraging use of child restraints.
• Reducing drinking and driving by enforcement and education.
• Improving visibility of people and vehicles on roads.
• Enhancing safety standards and crash worthiness of vehicles.
• Improving emergency and acute care facilities in hospitals.
• Increasing public awareness to accept and practice safety on roads.
• Strengthening research (surveillance, trauma registries, multi-disciplinary crash investigations, etc,) in both health, police, transport and legal sectors.
• Implementation of combined and integrated interventions

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An effective patrolling system is the need of the hour. Good network of cameras being effectively monitored and recorded for crimes, accidents etc can improve the service better and more lives can be saved. Probably this  monitoring system should be outsourced to companies like EMRI or of similar kind. 

Ofcourse, this cannot cover every portion of city, so people's help accident victims, control domestic violence is absolutely needed.

Most of such fatal accidents takes place on the ORR, IRR and the Big 10 Roads of Bangalore. To start with they can concentrate on these roads and gradually cover the whole city. Going forward, such monitoring control centre should be present for each police station zone.

For instance, in London, every Londoner is caught  on an average 300 times per day on CCTV network which is used for prevention of crime, accidents monitoring etc.

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