LIFE IS UNCERTAIN!- Another Pedestrian Dies In Road Accident

According to the Ministry of Road Transport & Highways, the percentage of pedestrian accidents grew by 70% in the years 2015-2020, with the number of such accidents rising to 23,483 in 2020 compared to 13,894 in 2015. This increase in pedestrian deaths demonstrates an urgent need to raise awareness and implement proactive strategies to save vulnerable road users.

Let’s assume you walk very carefully every time, but you can’t guarantee this for the person driving the vehicle coming towards you. Pedestrian accidents have increased due to careless actions by both pedestrians and drivers. In many cases, faulty driving, overspeeding, and the carelessness of pedestrians are often causes of these fatal accidents. But once the person is lost, the blame at that time is secondary, and the question of family finance becomes most important.

Why are we talking about family finances?

Once a wise person said that “money may not be the most important thing in the world, but it affects everything that is; it affects your lifestyle, health care, your children’s level of education, it affects everything on a day-to-day basis.” Well, this is absolutely true and represents the ultimate reality. You went for a walk, be it anybody’s fault, it’s you who died, and it’s your family that will suffer emotionally and financially. Under the Motor Vehicles Act, 1988, families of accident victims can approach the insurer of the offending vehicle for compensation, but they are often subjected to lengthy litigation and uncertain results. Cost of litigation and delays in result reduce the amount payable by way of compensation, further inflicting more hardship on the family of the deceased.

Now, you may say they’ll surely ask for compensation. Yes, they will, but at the cost of lengthy legal procedures and emotional distress. Motor Accident Claims Tribunal (MACT) also has to be approached for claims relating to medical expenses, loss of income, and also for pain and suffering, but this process is time-consuming and stressful.

How could this situation have been different?

If you write a Will today, you will be stress-free about the fact that if something unforeseen happens to you, your family will be prepared for the future, whatever may come. A valid Will under the Indian Succession Act, 1925, allows you to clearly specify how your assets should be distributed to your legal heirs and thus minimize the scope for disputes and long-drawn probate procedures. This preparedness is what AasaanWill offers through its simple, user-friendly online Will-draft services, which provide you with peace of mind at an affordable cost.

For instance, a pedestrian is killed in such an accident. An uncomplicated, clearly drawn Will assures immediate financial aid to the family with no delay. This precaution secures your assets and protects your family against sudden unforeseen dangers. 

Comprehending Compensation and Legal Rights

Pedestrians and their families have clear legal rights to compensation, even in those cases where the pedestrian also shares fault. Under the provisions of the Motor Vehicles Act, compensation has to be paid without it being necessary to prove any fault—this is the essence of “no-fault liability”. In respect of hit-and-run cases, provisions of the government’s “solatium” scheme provide compensation to the injured persons or their families, through the MACT. However, there are often delays and a risk of partial settlements, because of which families often struggle during this period.

It is necessary to understand that compensation rules are defined by law, covering cases of death and permanent disability. However, these monetary awards often do not fully compensate for the loss of the families, which highlights the necessity for personal financial planning to give families a complete arsenal of safety and support beyond the question of legal compensation.

Importance of Will Drafting through AasaanWill

Will-drafting is a very important stage of estate planning, as it ensures that your wishes are followed and your family is financially secure after your death. AasaanWill is a professional platform supported by experts that enables easy online drafting of valid Wills under Indian laws, in accordance with the provisions of the Indian Succession Act, 1925.

AasaanWill is increasingly trusted to help protect assets, both movable and immovable, while also allowing users to appoint executors and guardians. This affordable service provides essential help with planning for estates in these uncertain times.

Common Questions About Pedestrian Accidents, Compensation, and Will Planning

Q: Can the family of a pedestrian accident victim recover compensation even if the victim shares in the fault of the accident?

A: Yes. Under the provisions of Section 140 of the Motor Vehicles Act, 1988, the compensation has to be paid based on the 'no fault' liability rule, whereby the victims or his/her family are entitled to compensation irrespective of the question of negligence. This provision provides immediate monetary relief to the family of a victim who died in the accident. However, claims have to be made for the relief through the MACT.

Q: Why is it important for people at risk of road accidents to draft a Will?

A: Writing a Will is essential for people at risk of road accidents, as it ensures your assets are distributed according to your wishes in accordance with the provisions of the Indian Succession Act, 1925, avoiding unnecessary conflicts. However, a Will has to be drawn up together with an elaborate financial plan, including insurance and compensation claims under the Motor Vehicles Act, 1988. The legal claims in relation to compensation are to be processed through the Motor Accidents Claims Tribunal, which offers accident claims. Professional platforms like AasaanWill offer drafting of valid Wills for securing the financial security of your family.

Q: What legal protection exists if the driver runs away from the site (hit-and-run) where a pedestrian was involved?

A: The Motor Vehicles (Amendment) Act, 2019, along with government-created Solatium Funds, provides compensation to victims or the family of victims in Hit & Run cases, even where the offender is not identified. The Solatium Fund, as created under section 163 of the Motor Vehicles Act, ensures that monetary help is made available through the contributions of insurance companies and government mechanisms. These schemes help victims or their legal heirs by providing relief without having to identify the offending vehicle or the driver thereof. 

Conclusion

Life is unpredictable, and road accidents, particularly those involving pedestrians, are sadly on the increase. The question of blame for accidents can be subtle in many cases, but the financial burden frequently lies with the family of the injured person. For this reason, it is a practical and powerful step to draft clear and legally valid Wills through services such as AasaanWill, to protect the future of the family in the event of such tragic and unforeseeable accidents. A well-drawn Will, together with the legal rights of compensation, brings peace of mind, diminishes future disagreements, and ensures your loved ones are supported financially. Take this very practical step today, as providing a secure future for your loved ones is no longer just a necessity; it is now an imperative.

Life is unpredictable, but financial security need not be. Take this Aasaan step today and write your Will with us at AasaanWill. Zaroori Hai!

Read our blog on Reasons to write a Will.