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Truck accidents in Lucknow, India are considered under personal injury law and under the Indian Motor Vehicles Act, 1988. In India, when truck accidents occur, it’s not just the driver who may be held liable. Employers, trucking companies, contractors, and insurance companies may also carry legal responsibility, depending on the circumstances.
Understanding the nuances of Indian law in relation to truck accidents is complex and requires professional expertise. Hiring a lawyer can be beneficial in seeking compensation for losses, dealing with insurance companies, or if you are incorrectly declared to be at fault by the other involved party. In fatal truck accidents, a lawyer can also guide on claims for wrongful death.
The primary legislation governs these cases in India include the Motor Vehicles Act, 1988, and the Indian Penal Code, 1860. When a truck accident occurs, police and insurance investigations are conducted. If the truck driver is found to be at fault, they may be charged with rash and negligent driving under Section 279 and Section 304A of the Indian Penal Code. The victim can claim compensation under Section 166 of the Motor Vehicles Act.
Truck accidents usually have more severe consequences due to the size and weight of the vehicle. Since trucks are commercial vehicles, multiple parties could be held liable. These factors make truck accidents more complex legally.
Besides the truck driver, several other parties may be liable including the truck owner, company leasing the truck, manufacturer of the truck, loader or shipper of the truck's cargo etc.
Compensation awarded depends on the nature and extent of injuries or losses suffered. This could include medical expenses, loss of wages or earning capacity, property damage, and even for pain and suffering.
If possible, document as much evidence from the accident scene including photographs. Get immediate medical attention, report the accident to your insurance company, and consult with a qualified legal professional promptly.
In India, a claim for motor vehicle accidents should be filed within six months from the date of the accident. However, the claim tribunal may condone the delay in filing the case, if they are satisfied with the reason for the delay.
The official Ministry of Road Transport & Highways website for India provides regulations and notices related to road safety. Legal Service India and online law forums can provide handy legal advice and references.
If you need legal assistance in a truck accident case, search for a specialized lawyer who has good knowledge and experience in dealing with truck accident cases in Lucknow, India. Ensure to carry all documents and evidence related to the case for the lawyer to review.
