I've been driving for over a decade, having obtained my driver's license in 2006. Now in my early thirties, I've always prided myself on being a cautious driver.
On May 1st, 2017 (Labour Day), I found myself with a rare day off. After sleeping in, I called my girlfriend only to discover she was unwell, suffering from severe gastric pain and a headache. I drove to her apartment to check on her, then headed to Arpico Pharmacy in Kiribathgoda to purchase medication.
After buying the medicine and some groceries, I started my journey back. Unable to make a U-turn at the junction next to Arpico, I took a right turn onto 'Aluth Para' towards 'Hunupitiya'. I safely parked on the roadside, crossed the street to buy a water bottle, then returned to my car. After carefully checking all directions, I began a slow U-turn. The holiday meant the roads were unusually quiet, and I was driving cautiously, savoring the peaceful day.
As I was about two-thirds through my U-turn, I heard a sudden horn blast. I immediately hit the brakes, but within a split second, I saw a young man on a motorbike collide with my car. Unable to control his speed, he fell, sliding past my vehicle. I was in shock.
The motorcyclist, despite his injuries, jumped up and approached my car, shouting angrily in Sinhalese. The shopkeeper who had sold me the water came out to see what had happened. I exited my car to assess the situation. The young man seemed more concerned about the motorcycle (which belonged to his elder brother) than his own injuries. His hands and legs were scratched, and he was visibly shaking from pain and shock. I offered to drive him to the hospital, but he refused, fixated on how he would explain the damaged bike to his brother.
Soon, a crowd gathered. An older man called for an ambulance, initially against the rider's wishes. The shop owner mentioned seeing the motorcyclist speeding while I was turning slowly. When I asked if she would testify to this, she initially agreed but later declined when the police arrived.
The elderly man (about 50-60 years old) called the rider's brother, explaining the situation calmly. My limited Sinhalese made communication difficult, and I sensed hostility from the crowd, possibly because I was uninjured while the rider was hurt. I remained quiet, unable to explain myself adequately.
When the ambulance arrived, the rider initially refused to go, still upset about the bike. His brother soon arrived, checked on the bike's status, and took my phone number. The injured rider finally agreed to go to the hospital.
I waited for my insurance representative while the police took my license and instructed me to come to the station. The shop owner commented on young riders' recklessness but was unwilling to officially testify. I called my girlfriend to explain what had happened.
At the police station, an officer asked me to drive him to the hospital to check on the motorcyclist's condition. We discovered he wasn't at Kiribathgoda hospital. Back at the station, I waited until about 8:30 PM, giving my statement in broken Sinhalese. The possibility of spending the night in custody loomed until a higher-ranking officer allowed me to leave my car and keys, instructing me to return in the morning.
[Image placeholder: Generic police station]
The next day, I returned to the station at 8:30 AM. The rider's brother arrived, and negotiations began. When asked for compensation, I offered 3,000 rupees, hoping to settle around 5,000. The brother was offended, demanding 30,000 rupees. Frustrated by the assumption of my guilt, I finally found the courage to explain my side to the police officer in my limited Sinhalese.
By noon, I was told to go to Mahara court. Angry at what I perceived as an unfair system, I decided to fight the case, naively believing I could present my side of the story effectively.
After 11 months of legal battles, I gained a better understanding of the system's inner workings. I was never allowed to speak freely in court, faced challenges with lawyers, and encountered numerous frustrating situations that interfered with my daily life.
This post is meant to share my experience and offer advice for those who might face similar situations. I've intentionally omitted many infuriating details from the past 11 months.
Key learnings from this accident:
- In accidents, provable facts matter more than what actually happened.
- Overcome shock quickly and gather evidence immediately.
- Control anger and communicate clearly, especially with the police.
- Avoid confrontation and arguments.
- Try to reach a calm settlement before police arrive, if possible.
- Collect evidence and take photos of the accident scene.
- Gather all relevant information (driver details, insurance info, vehicle details, etc.).
- Document accident specifics (time, location, road conditions, etc.).
- Don't communicate with the other party's insurance company without legal counsel.
- Don't sign any documents without lawyer review.
- Install a dash cam in your car.
- Prepare a comprehensive statement for the police.
- Have support from friends or family at the police station and court.
- Seek help finding a good lawyer from the start.
- Try to maintain a good relationship with the police.
- Choose a reputable insurance company.
- Stay hydrated and energetic despite stress.
- Prepare for the worst while maintaining a positive attitude.
- Drive defensively, anticipating others' mistakes.
- Keep emergency contacts and important documents together.
Remember, if you're in an accident, try not to panic. Time changes everything, and this too shall pass.
Thank you for reading, and stay safe on the roads.
