I have met with an accident on 1 Aug 2019. A pedestrian suddenly jumped from a partially barricaded divider on the national highway 48 near electronic city despite braking from 60 to 65 kmph speed the distance was too less and there was a lot of vehicles behind me resulting in the pedestrian being hit by my motorcycle. He had a fracture and has recovered fully.
My motorcycle has been in police custody since last year. I have taken bail and willing to pay the fine as there was no insurance on the motorcycle at the time of accident.
The pedestrian and his family has never approached the court.
I want to contest the case on the grounds that he was jaywalking on a national highway at around 9PM. what are my chances of winning?
Also since my bike is getting damaged under police custody and I have been paying emi for the last one month who should compensate for the damages that i have encountered.