This article deals with the legal issues involved in providing assistance to road accident victims. Many people intend to offer help to road accident victims but are often confused and discouraged to assist road accident victims because of the complex legal procedures, harassment and victimization at the hands of various government authorities, hospital staff or even families of such accident victims. The result being, more and more people though willing, shy away from helping accident victims.
Very few people are aware of the legal rights of such volunteers and the existing laws which give legal protection to such volunteers. This article endeavours to educate and encourage more and more people to come forward and assist road accident victims without the fear of being harassed or punished. The legal term for such volunteers helping road accident victims is “Good Samaritan”.
A “Good Samaritan” means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.
The Motor Vehicles (Amendment) Act 2019 has incorporated an amendment “Protection of Good Samaritans” through Section 134A which gives protection to such person from civil and criminal liability for any injury or death of such road accident victim. Prior to Section 134A amendment, the guidelines issued by the Supreme Court of India in petition filed by an NGO called Save LIFE Foundation on the basis of which the Ministry of Surface Transport issued guidelines for Good Samaritans.
Some guidelines by the Supreme Court are still under consideration, however the existing guidelines by the Ministry of Surface Transport and the amendment to Motor Vehicle Act provide protection to Good Samaritans.
Rights of the Good Samaritan :
- Every Hospital is required to publish Good Samaritan guidelines and put them at a place where they could be easily seen by everyone visiting the Hospital;
- Good Samaritans are to be treated respectfully and not to be harassed by the Police or Hospital or Court Staff;
- There is no need to disclose name or other details by the Good Samaritans to the Hospital or Police when they assist the accident victims;
- The Police should not compel or seek any additional information or even disclose the whereabouts of such Good Samaritans and they would be allowed to leave the Hospital immediately after facilitating escort of the accident victim to the Hospital;
- No civil or criminal liability for assisting road accident victims to the Hospital or facilitating medical assistance in case such victims suffers injury or death;
As per the law only eye witnesses will be required to be present in the Court Proceedings. A Good Samaritan with no knowledge of the cause of accident will not be unnecessarily harassed or made to attend court proceedings.
