No case for saving an accident victim: draft road safety law proposes 'Good Samaritan' protection

A person who rescues someone injured in a road accident and takes them to hospital will not face any criminal or civil case arising from the accident for that humane act. Even if the injured person dies, the rescuer cannot be held responsible merely for taking them to hospital.

To save the lives of people injured in road accidents and to increase public participation in rescue work, the draft Road Safety Act-2026 proposes legal protection for 'Good Samaritans', or humane rescuers.

The first hour after an accident is extremely important for saving the injured person's life. In medical science it is known as the 'golden hour'. If proper treatment can be given within this time, the risk of death and serious physical harm is greatly reduced.

But fear of police trouble, court cases or having to appear in court often makes ordinary people reluctant to take an injured person to hospital. As a result, many people's condition becomes critical because they do not receive treatment in time.

The proposed law therefore puts emphasis on legal protection for rescuers, emergency medical services in hospitals, and building a rapid rescue system to change this situation.

Under the proposed provision, if a person in good faith and on humanitarian grounds rescues an injured person, provides first aid or transfers them to hospital, they cannot be held liable in criminal or civil cases for any harm or death resulting from that assistance.

On this, Dr. Mohammad Ziaul Haque, Secretary of the Road Transport and Highways Division, said, 'It is important to have an effective protection system so that ordinary people do not hold back from quickly taking an accident victim to hospital out of fear of legal complications. That is why the Good Samaritan protection proposal provides security to rescuers.'

Barrister Tahmidur Rahman, a lawyer of the Supreme Court of Bangladesh, said on the matter, 'Giving legal protection to people who take an injured person to hospital for humanitarian reasons may encourage the public to take part in rescue work. However, the scope of protection in the law needs to be clear in distinguishing genuine humanitarian help from intentional harm or serious negligence.'

The proposed law also talks about forming community volunteer and ambulance teams to reach the scene within 30 minutes of receiving news of an accident.

In addition, it proposes taking the injured person to a suitable hospital, ensuring treatment within the golden hour, and bringing hospitals under an obligation to provide primary treatment in emergencies.

At present, Section 62 of the Road Transport Act, 2018 provides for a toll-free telephone number across the country, and also obliges the driver, conductor or their representative of a motor vehicle involved in an accident to inform the nearest police station and send the injured person to hospital quickly.

Violating this provision carries a punishment of up to one month in prison, a fine of 20,000 taka, or both.