A traffic accident is an incident on the road which is unexpected and unintentionally involving a vehicle with or without other road users which results in human casualties and / or property loss.
What are the legal provisions? (according to Law Articles 10-103 concerning road traffic and transportation)
Classification
Traffic accidents are classified as traffic accidents
- Light Resulting in damage to vehicles and / or goods;
- Moderate causing minor injuries, damage to vehicles and / or goods;
- Severe Resulted in death or serious injury.
Driver
Drivers of motorized vehicles involved in traffic accidents MUST: Stop the vehicle they are driving; provide help to victims; report the accident to the nearest Indonesian National Police; provide information related to the accident.
Drivers of motorized vehicles, who due to compelling circumstances are unable to implement the provisions to stop the vehicle they are driving and provide assistance to victims. immediately report to the police. If you are getting trouble with traffic accidents, you can try service of Tulsa personal injury lawyer. Tulsa personal injury lawyer is the best Personal Injury Law Office of Tulsa
Witness
Anyone who hears, sees and / or knows of a traffic accident, MANDATORY: Provide assistance to victims of traffic accidents; Report the accident to the police; Provide information to the police.
Responsibility
Drivers, motorized vehicle owners, and / or public transportation companies are responsible for:
- Losses suffered by passengers and / or owners of goods and / or third parties due to negligence of the driver.
- Damage to roads and / or road equipment due to negligence or driver error.
Exceptions
- There are circumstances that are inevitable or beyond the ability of the driver;
- Caused by the behavior of the victim himself or a third party; and or
- Caused by movement of people and / or animals even when precautions have been taken.
Victim Rights
Traffic accident victims are entitled to:
- Assistance and care from parties responsible for traffic accidents and / or the Government
- Compensation from the party responsible for traffic accidents
- Traffic accident compensation from insurance companies.
By not dropping criminal charges, drivers, owners and / or public transport companies are required to provide:
- Assistance to the victim’s heirs in the form of medical expenses and / or funeral costs if the victim dies due to a serious accident.
- Assistance to victims in the form of medical expenses in case of injury to the body or health of the victim due to moderate and severe accidents.
Compensation
The party causing a traffic accident is obliged to compensate for the loss, the amount of which is determined based on a court decision.
the obligation to compensate for minor accidents resulting in damage to vehicles and / or goods can be carried out outside the court if there is a peace agreement between the parties involved.