Who is liable for an accident if Zebra Road crossings, Road Safety aids are off-beam?

New Delhi: We all have experience as well as grumble about Delhi traffic management. Hardly anyone in Delhi has not witnessed a fatal road accident and death. If you are walking on any street in Delhi, observe most of the zebra crossings end with an obstruction like a fence or mid-road divider. Hardly a passage is marked. Not to talk of a wheelchair or visually impaired friendly walkways. 

Also, there are hardly any traffic light signals for pedestrians except in some VVIP areas despite we claim to be leaders of the new technology. The question of walking on the footpaths is a complete no-no. 

Walkways have become the property of encroachers, squatters and vendors. In the absence of friendly pathways, people have to walk on the roads and hence more fatalities in road accidents.

Those maintaining roads/ footpaths should be liable for negligence in the absence of road safety aid

Those authorities constructing and maintaining roads need to implement international/ national guidelines/ laws issues intermittently for safe driving and pedestrian safety. The drivers need to be educated on traffic rules/ violations, and authorities need to have no compromise when road safety features like proper zebra crossings, sign boards, pedestrian-friendly lights, traffic aids and guidelines are concerned. Signboards and visual assistance need to be correctly placed to be visible to the naked eye. 

In the absence of appropriate traffic aids, maintenance and the execution of safety rules, if some accident happens, then who should be liable for the guilt and negligence? I leave this for the authorities to self-assess for the loss of a living soul.

I dare the authorities to visit West Delhi, East Delhi or any remote colony; one hardly finds well-planned roads, footpaths, not to talk of traffic aids. Even shopkeepers keep their goods outside their shops on the trail; no one is there to object to it. In all circumstances, the pedestrian suffers the most even though they have the equal right to use the roads and footpaths.

The annual report of the Ministry of Road Transport and Highways quoting the World Health Organisation says, “At least one out of 10 people killed on roads across the world is from India. In 2020, the total recorded 3,66,138 road accidents caused the loss of 1,31,714 people and injured 3,48,279 persons.”

Ramanath Jha at the ORF has written a detailed analysis of why India ranks at the top of the international table of fatalities caused by road crashes and some measures the Indian government has taken. A report by the Ministry titled "Road Accidents in India 2019" admits that India ranked first in road deaths across 199 countries reported in the World Road Statistics, followed by China and the US. Within the country, national highways shared 35.65 per cent of all road deaths, state highways 25.46 per cent, and other roads 38.89 per cent. While the percentage share of road deaths on 'other roads' is the highest, what is significant is that national highways and state highways constitute only 5.04 per cent of all roads but account for 61.11 per cent of all road deaths. The number of persons killed per 100 accidents has risen sharply from 21.6 in 2005 to 33.7 in 2019.

Are authorities researching the increased number of road accident deaths and how to arrest the increasing graph?

We all are aware, a decade back, of the blue line public bus services and road deaths—the Delhi administration was fast to replace the buses and order them to ply on bus lanes. Today, we are much relieved as hardly any public bus driving killings occur.

Similarly, the authorities need to assess or research what percentage of the population follows the traffic rules and, more so, why so many violations exist despite heavy challans announced against violators?

Here are a few examples for the sake of illustration:

Government traffic rule says: Do Not Park at or near a road crossing or on top of a hill or a footpath; near a traffic light or pedestrian crossing; on the main road or a road with heavy traffic; in front of or opposite another parked vehicle to cause obstruction; on roads that have a white line; near a bus- stop, school or hospital entrance; right next to a traffic sign, thereby blocking it for others; at the opening of a building; near a fire hydrant, thereby blocking access to it; where parking is specifically prohibited.

However, we all violate the rule. Observe on the roads as you walk through your residential or commercial areas how randomly the cars and two-wheelers are parked. One hardly cares for the law, not to talk about the honking we find so sickening on the roads. Authorities need to ponder why? One of the reasons an observer said, "In India, it is most easy to acquire a driving licence, and there are hardly any parking places".

The authorities need to make the process people-friendly and educative for the drivers. The ethics and driving manners need more emphasis, so the traffic department needs to rope in some local NGOs/ Volunteers to educate the young drivers.

Another example or rule says: Always Give Way to Pedestrians if there is a danger to their safety. Take extra care if they are children or older people. There are some prominent places and times where you should take extra care, like shopping centres, busy intersections, schools, parks and residential areas where children and others have a greater need to cross the road. 

Are we following them? We hardly see drivers showing respect to senior citizens or school-going children. Most drivers make it a point to honk if they see them crossing the roads.

In a survey report commissioned by the High Court and conducted by the School of Planning and Architecture (SPA), it was noted that the five road stretches — Jail Road in west Delhi, Vivekananda Marg in south Delhi, Maharaja Surajmal Marg in east Delhi, Lodhi Road and Sham Nath Marg in central Delhi — were full of unauthorised construction and different types of encroachments, including those by government buildings and agencies, small-time vendors and posh residential building owners. This has rendered the footpaths unusable, particularly for anyone in a wheelchair or tricycle.

Pedestrians, too, are guilty. Hardly follow Do's and Don'ts

· Road manners and pedestrian behaviour are pretty important when walking or crossing.

· We see many pedestrians without looking left or right cross the road. Many use mobile phone conversations with earplugs, completely distracted from the roads while crossing.

· Like drivers of the vehicle, the pedestrians should never assume that the driver has seen them and will stop on their own.

· When you cross the road, it's your responsibility to save yourself. Avoid crossing roads where drivers may not be able to see you.

· As drivers should limit cell phone use while driving, pedestrians should limit cell phone use while crossing streets.

· Walk and talking on mobile phones needs to be avoided. If needed, stay stationary and talk in a safe corner.

· While walking, be aware of the surroundings. Do not let the music take your attention away from the sound of oncoming vehicles, hooting or sirens, more so when cars are turning green and hardly the sound of the vehicles is there.

What is needed immediately from the administration for safety measure

· First and foremost, good planning after going through extensive research.

· Adequate parking across Delhi. Let it be parking with a fee, but it needs to be everywhere, or people will keep parking the vehicle on footpaths and roads.

· Pedestrian crossings need volunteer supervisors educating the drivers and pedestrians.

· Footpaths need to be cleaned for pedestrians; wheelchair-friendly ramps are needed for the footpaths.

· Those who are driving on the footpaths; their driving licence should be suspended along with a heavy fine.

· Drivers need to be educated to slow down at the intersection at a speed which will let the car stop in time. School crossings, hospital crossings, and housing colonies must be considered.

· Lastly, an individual's self-censorship and common sense will help prevent road accidents and road rages.