All perfect praise be to Allah. Blessings and peace be upon Prophet Mohammad.
As the traffic report-which is the legal document in such cases-only indicted the water tank truck driver, nothing is incumbent on the driver whose car was forced to get to the other side of the road because he was neither responsible for that, nor was it his choice. The rule established by the Muslim jurists is as follows: “There is no guarantee to cover a damage which isn`t possible to avoid.”
According to the traffic report, the water tank-truck driver is responsible for the accident and the first car is merely a machine whose diver had no choice but to strike the other car. Here, the incitant- water tank-truck –led to : the first car damaging the second car, the death of the child in it, and the injury of the other passengers. Therefore, the person causing the accident is the guarantor because of his transgression and negligence.
Resolution No.(71) for the year 1993 by the Islamic Fiqh Assembly as regards roads accidents is as follows: “ Accidents that result from driving vehicles are liable to the rulings of Jinayaat (Criminology) and Islamic Judicial System…..Exemption from liability is restricted to the following situation:
C-If the accident was due to another person`s fault, or transgression, it is imperative to hold him responsible.”
Accordingly, and as far as the afore-mentioned accident is concerned, the water tank-truck driver is to be held responsible, and the driver of the first car isn`t obliged to pay Diya, or offer expiation. And Allah knows best.
