Law and our safety on the road

Last year, within 9 months, road crashes claimed more than 5,500 lives, while 33.71% of these occurred on national highways. Besides death, many are left with life-changing injuries, often without any form of compensation or access to immediate medical care. According to findings by the Road Safety Foundation, in March 2025 alone, 587 accidents resulted in 1,231 people being injured.  These are the tragedies that could often be prevented yet that continue to occur due to longstanding deadly loopholes within our road safety systems and the lack of adequate implementation of the Road Transport Act 2018.

First crucial area of concern in this regard is the medical responses. Timely emergency medical services and appropriate trauma responses can prevent rising death tolls and reduce the severity of injuries after accidents. In 2016, when a young bus helper was refused emergency services, which subsequently led to his untimely demise, a writ petition was filed by the Bangladesh Legal Aid and Services Trust (BLAST) and others. In 2018, the High Court Division of the Supreme Court of Bangladesh enunciated a set of guidelines on ensuring emergency medical services to the victims of road accidents and protecting "Good Samaritans".

The court instructed all government and private hospitals and clinics to ensure emergency medical services for road accident victims, discounting the legal complications or their financial abilities. The court directed all public and private hospitals as well as clinics to have infrastructural support for an emergency department, including adequate manpower, machinery, and ambulance services for the injured victims. Lastly, the court advised the Ministry of Health and Family Planning to publish the guidelines through a gazette notification and thereby build awareness among the masses. Despite such strong guidelines, till now there is no unified emergency response system. The ambulances that are available are often poorly equipped, slow to arrive, and with the guidelines not yet being published by the concerned ministry, hospital authorities still remain unaware of the High Court's directives.

Another important area is remedying the victims. Notably, the compensation for victims are currently regulated by the Road Transport Act 2018 (replacing the Motor Vehicles Ordinance 1983). The law focuses on transport fitness, drivers' working hours, the role of assistants, and the allocation of responsibilities in both road management and accidents. Instead of holding the owner solely responsible to pay the compensation, it establishes a financial fund through government grants, fines obtained under the Act, annual contribution of vehicle owners and donation from motor vehicle owners' and workers' associations.  However, the process of calculating such aid still remains ambiguous. There is no established scheme to assess payable amounts based on the severity of injuries. Although compensation is mentioned in cases of death, the law does not set clear standards for what constitutes an appropriate amount, and in many instances, the sums offered appear rather arbitrary and grossly inadequate. This lack of clarity leaves victims and their families without a reliable means of redress.

Finally, there are drivers who are an important stakeholder, yet whose rights are often overlooked. According to section 39 of the Road Transport Act 2018, the government may, by gazette notification and in line with the Bangladesh Labour Act 2006, fix the working hours and rest periods for drivers, conductors, and helper-cum-cleaners of transport vehicles, which employers and workers must comply with. However, due to unsafe road conditions, many work 12 to 18 hours within an unregulated "no work, no pay" scheme. In a system where drivers are paid per trip and forced to meet harsh deadlines for pick-up and drop-off, their labour rights and mental health have long been overlooked. As a result, fatigue, stress, and risky driving practices continue to often result in fatal accidents on our roads.

On 13 August 2011, a highway crash claimed the lives of Tareque Masud, a celebrated filmmaker, and Mishuk Munier, a respected Dhaka University faculty member. Fourteen years have passed since that day, and their families have endured a prolonged legal battle. It has been seven years since the High Court Division delivered its verdict in their compensation claim, yet the appeal before the Appellate Division remains unheard, leaving justice in limbo. To prevent such tragedies and the prolonged suffering that follows, the health ministry must urgently implement clear guidelines for emergency medical services, alongside legal protections for "Good Samaritans," supported by a nationwide unified emergency response system, as suggested by the apex court in its judgment. Equally vital would be to formulate a mechanism for awarding compensation to the victim and to specify the working hours for drivers and helpers, ensuring their well-being and fostering a culture of safety that can begin to reform the dangerous driving norms.

The writer is Senior Research Officer, BLAST.