Booked under IPC Section 279 and 337
I met with an accident while driving my car. It so happened that the other person riding a two-wheeler was carrying some heavy machinery and wanted to take a U turn few meters before the junction. It seemed like he lost balance of the vehicle and came to the middle of the road all of a sudden in front of my car. I honked and slammed the brakes hard but could not avoid the collision.
I was driving slow and thankfully the impact of the collision was not much. But the two-wheeler guy fell and got hurt. He suffered some Minor injuries. In the meanwhile, the machine he was carrying bounced over the car causing damages to the front part of the car. Nobody in the car were injured in any way. His vehicle fell at a distance but there was no much damage to his vehicle.
We called up the ambulance and also police rushed to the scene and did the spot inspection. They clicked pictures as well. The police ceased my car which was later released after collecting the documents(RC,DL,Insurance) and RTO fees.
When enquired, I came to know from the Police that the two-wheeler guy was drunk and he is still in hospital as he is aged around 50yrs and has Sugar so the wounds might take time to heel and he is not yet discharged. But Police have registered an FIR against me for negligent, rash driving and endangering public life causing injuries(Section 279 and 337) based on the complaint given by the two-wheeler guy's family member. They did not take any complaint from me saying that only the injured person can lodge the complaint.
I've pics and video of the spot where accident happened which clearly shows the position of the car and that there is a divider on the other side and in one of the videos a person who saw the accident happen(a passerby) tells that it was the two-wheeler guy's fault who tried to take U-turn and hit the car.
Please see: I have a valid DL, RC, Insurance. Was wearing seat belts, driving slow and tried my best to prevent the collision and ensured the injured was taken to hospital at the earliest. While the two wheeler guy was drunk, not wearing helmet, it was not his own vehicle, was carrying heavy machinery which was untied and tried to take a turn where there was no opening on the other side.
How can this be a case of negligence, rash driving or act of endangering public life from my side?
I've been told that the chargesheet will be filed once the two-wheeler guy is discharged and I will have to pay fine of around 1-4K in the court and the case would be closed. But I feel I've been cheated and have been booked for no fault of mine which is very disturbing.
Please advice me on how I can take this forward and what are the possibilities to prove my innocence against the charges of Rash/Negligent driving.