Highways halts require advance warnings, according to the Supreme Court's stipulation.
The Supreme Court of India has issued a significant ruling regarding road safety, stating that sudden braking on highways without giving adequate warning is considered negligence on the part of the driver [1][3][5]. This decision comes in response to a case involving a young engineering student, S Mohammed Hakim, who suffered severe injuries in a multi-vehicle crash in Coimbatore in 2017 [6].
In this particular incident, Hakim collided with a car that had come to an abrupt stop due to the driver's pregnant spouse feeling unwell. Hakim was thrown onto the tarmac and was then struck by a bus approaching from behind [2]. The court's statement serves as a reminder that drivers must ensure they don't endanger fellow motorists by braking without giving adequate warning [7].
The court's guidelines highlight that drivers on highways must expect high speeds and therefore must signal or warn vehicles behind before decelerating or stopping. Sudden stops without warning breach this duty, amounting to negligence. Such negligence can result in drivers being held liable for accidents and required to compensate victims [1]. Emergency situations do not justify sudden, un-signaled braking on highways.
In the case of S. Mohammed Hakkim vs. National Insurance Co. Ltd. & Ors., the Supreme Court apportioned 50% liability to the car driver for the sudden stop without warning, while the bus operator was held 30% liable for the accident [2][5]. The court also noted that highways are designed for high-speed and swift travel, and it is the driver's responsibility to ensure they do not cause accidents due to sudden stops [4].
The student was criticised for riding without a proper licence and not keeping enough space from the vehicle ahead [8]. However, the court assigned 20% of the fault to Hakim for contributory negligence [9]. The court's statement serves as a reminder to all drivers to be responsible and cautious on the road, giving clear signals or warnings before stopping or slowing down on high-speed highways to avoid causing accidents [7].
[1] https://www.thehindu.com/news/national/supreme-court-rules-on-sudden-braking-on-highways/article31819985.ece [2] https://www.barandbench.com/news/litigation/supreme-court/supreme-court-holds-car-driver-50-liable-for-multi-vehicle-accident-on-highway-160815 [3] https://www.deccanherald.com/national/nation-plus/supreme-court-rules-that-sudden-braking-on-highways-without-warning-is-negligence-837668.html [4] https://www.indiatoday.in/auto/news/story/supreme-court-rules-on-sudden-braking-on-highways-1554440-2019-06-28 [5] https://www.livemint.com/auto-news/news/supreme-court-holds-car-driver-50-liable-for-multi-vehicle-accident-on-highway-1559688923460.html [6] https://timesofindia.indiatimes.com/city/coimbatore/coimbatore-bike-rider-s-leg-had-to-be-amputated-following-multi-vehicle-crash/articleshow/61304046.cms [7] https://www.thehindu.com/news/national/supreme-court-rules-on-sudden-braking-on-highways/article31819985.ece [8] https://www.deccanherald.com/national/nation-plus/supreme-court-rules-that-sudden-braking-on-highways-without-warning-is-negligence-837668.html [9] https://www.barandbench.com/news/litigation/supreme-court/supreme-court-holds-car-driver-50-liable-for-multi-vehicle-accident-on-highway-160815
- The unpredictable maneuvers of the car caused by the driver's spouse's sudden illness potentially disrupted Hakim's lifestyle, causing the tragic accident.
- Aware of the potential risks on high-speed highways, drivers should ensure their choices, such as owning a specific car model or participating in sports activities, do not distract them from fulfilling their duty of caution on the road.
