Eligible Good Samaritans who provide voluntary assistance in good faith have legal protections. Helping someone should not, by itself, make the helper responsible for the accident or be a basis for unnecessary questioning.
Section 134A of the Motor Vehicles Act and the related rules concern the protection of people who provide assistance. Safeguards are prescribed regarding identification at the police station and hospital, and examination as a witness. These protections do not permit anyone to conceal an offence they have committed or responsibility for an accident. Prioritise your safety and the provision of immediate medical assistance.
What should you do now?
- Inform emergency services or seek medical help nearby.
- Where it is safe and possible, assist in getting help to the injured person.
- If you face undue pressure, refer to the Good Samaritan protections and complain to a senior authority.
What documents should you keep?
If needed, keep details of the time and place of the assistance and the relevant officials.
Avoid this mistake
Instead of helping, avoid making the injured person’s identity and sensitive photographs go viral.
A hypothetical example
A passer-by takes an injured person to a hospital and is afraid to leave because they think they will have to appear in court indefinitely. They can ask for information about the relevant Good Samaritan safeguards. Keep the helper’s voluntary role separate from the role of the person who caused the accident.
Must a helper always be a witness?
The rules provide safeguards concerning willingness and examination; do not treat the process as mandatory and unlimited.
Legal basis and useful sources
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.