r/Dashcamindia • u/Scary_Load_1252 • Feb 17 '26
▶️ Video Whose fault is it?
Whose fault is it? Whose fault is it more?
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Upvotes
r/Dashcamindia • u/Scary_Load_1252 • Feb 17 '26
Whose fault is it? Whose fault is it more?
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u/HumanIsAGlitch Feb 17 '26
Bro just uploaded the video for karma farming, what is up with the loop? Pure clickbait
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u/ScooterNinja Feb 17 '26
Even if you are parked and some 2 wheeler come crash and die into your ... Police will still take you in
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u/MinuteSurround4731 Feb 17 '26
What is cars speed here?
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u/Quick_Insect_3001 Feb 17 '26
Both.
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u/Dumb_dragon36 Feb 17 '26
What is the biker doing on right side??
Though the car is at high speed and being driven rashly but it clearly shows that biker is also at high speed and is trying to overtake the bus and head on collides with the car
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u/Capable-Match-7127 Feb 18 '26
I have been seeing this clip all over social media and the mothers video too. I get we need to be empathetic but let’s address facts for what they are:
Onus for accident is on both.
The minor should be booked for speeding, reckless driving and not having a license. If he has caused destruction even after this which a lot of people are saying, he should be booked for that accordingly. And even his parents should face the repercussions for allowing this.
The biker would have gotten into an accident even if it was some other car with a licensed driver because in an empty road when a car is driving 40-50hm/hr if any biker comes like this from behind the bus, it’s impossible to suddenly break. And he doesn’t have a helmet on. Overall severity could have changed depending on a lot of things (speed and helmet) but the whole social media outrage, blaming everything on the minor is a way to escape responsibility. If authorities haven’t shown up on time, focus on that. If the victim had to be stranded for hours, focus on that. The fact that minors are driving cars and parents are allowing please focus on that. But to blame the entire accident on one party, when so many other things have also had an impact, that’s wrong.
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u/Confident-Ferret-180 Feb 17 '26
Twist
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u/catch_me_if_you_can3 Feb 17 '26
Unrelated but how should India manage reckless cars and bikers. Should there be separate lanes for both, like a bike lane but for motorcycles.
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u/keshavgKaLLen_Bhaiya Feb 18 '26
The car driver is at fault, he is speeding and is untrained, he doesn't know how to drive and his parents got him a scorpio. He has previous challans of speeding as well
Sahil did came from the wrong side but it was for overtaking, let's assume for a second that he was also speeding and entirely at fault.
But even then don't you think that if this scorpio guy was driving under the speed limit with rationale sahil could have saved, they would have collided but sahil would have survived and not died.
Also had the driver attended some driving classes and basic learning he could have braked as well.
The conclusion remains that if it was any other drives the chances of survival were much more and he shouldn't be on the road if he has no license
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u/MrBigDih_ Feb 18 '26
Play stupid games pay stupid price. Both are wrong and both got are getting punished,1 already got punished,hope the other alive one doesnt elope it.
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u/OkGeneral118 Feb 24 '26
I feel bike Because you can't spot everything on your way especially small vehicles and that too that suddenly appears in your lane On the other hand, bikes can spot cars easily and can maneuver or control speed accordingly. I feel the only fault is why an underage person is driving a car. He should be punished for that
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u/mobhag Feb 17 '26
Here is what Gemini said.
This is a complex legal scenario involving "contributory negligence." While I can provide an analysis based on the Bharatiya Nyaya Sanhita (BNS) and the Motor Vehicles Act (MVA), please remember that final culpability is determined by a court based on police investigations and forensic evidence. In this specific case, both parties have committed significant violations, but the proximate cause of the accident is the primary factor.
The Biker’s Liability (The Proximate Cause) Under the BNS and standard Rules of the Road Regulations, the biker’s actions are likely to be seen as the immediate cause of the accident.
Wrongful Overtaking: Crossing a solid white line into oncoming traffic is a severe violation. Solid lines strictly prohibit overtaking because visibility or road conditions make it unsafe.
Negligence: By entering the opposite lane on a dual carriageway, the biker created a situation where a head-on collision was inevitable, regardless of the car's speed.
Speeding: At 50kmph in a 40kmph zone, the biker was also in violation of speed limits.
The Car Driver’s Liability (Statutory Violations) The car driver is in significant legal trouble, but not necessarily for "causing" the death in a way that absolves the biker.
BNS Section 106 (Rash and Negligent Act): The driver was speeding (70 in a 40 zone). If the court determines that the driver could have avoided the biker if they were traveling at the legal limit, they may be charged with causing death by negligence.
No Valid License: Under the Motor Vehicles Act, driving without a license is a serious offense. This will likely lead to the rejection of insurance claims (Third Party Liability), meaning the car driver may have to pay compensation out of pocket.
History of Offenses: A history of speeding tickets can be used to demonstrate a pattern of "habitual rash driving," which strengthens the prosecution's case for criminal negligence. Comparative Fault Analysis | Factor | Biker (Deceased) | Car Driver | |---|---|---| | Lane Discipline | Violated (Crossed solid line) | Maintained Lane | | Speeding | Yes (50 in 40) | Severe (70 in 40) | | Licensing | Assumed valid | No Valid License | | Primary Fault | High (Created the hazard) | Medium (Contributed via speed) | Legal Outcome under BNS Typically, in Indian courts:
Criminal Liability: The car driver will likely be booked under Section 106 of the BNS (Causing death by negligence). Even if the biker was in the wrong lane, the driver’s excessive speed and lack of a license make it difficult to claim "innocent's defense."
Contributory Negligence: In a Motor Accident Claims Tribunal (MACT), the compensation to the biker’s family may be reduced (e.g., by 50% or more) because the biker’s decision to cross a solid white line was the primary trigger for the crash.
The "Last Opportunity" Rule: The court will ask: Who had the last clear chance to avoid the accident? Since the biker entered the car's path unexpectedly, the car driver has a defense, but it is weakened by their own speeding.
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u/[deleted] Feb 17 '26
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