LIJDLR

UNSEEN HAZARDS: ANALYSING THE IMPACT OF NEGLIGENCE IN ACCIDENT CAUSATION

UNSEEN HAZARDS: ANALYSING THE IMPACT OF NEGLIGENCE IN ACCIDENT CAUSATION

Arsh Singh, Student at University of petroleum and energy studies

Negligence plays a big role in causing accidents, especially when it comes to driving. In this research paper, we’re going to dig into how negligence affects accident causation and the laws that deal with this issue in different places. First up, we’re going to look at the relevant parts of the Indian Penal Code (IPC) that deal with accidents caused by negligence. We’ll dive into sections like Section 304A (which covers causing death by negligence), Section 336 (dealing with acts that put others’ lives at risk), and Section 279 (all about reckless driving on public roads). We’ll break it all down and explain what the law says about these negligence-related offenses. But we’re not stopping there. We’ll also take a good look at the Motor Vehicles Act, 1988 (MVA). This act lays out a bunch of rules for how motor vehicles should be operated. We’ll explore the important bits, like the duty of care, liability for negligence, the presumption of negligence, contributory negligence, and vicarious liability. These rules show how the law tackles the problem of negligence when it comes to causing accidents.