Are you a victim of unfair ruling in road accidents? Check this out!
September 9, 2020
Photo Credit: Philippine News Agency
Road mishaps are not new in Philippine roads and thoroughfares.
There are head-to-head collisions of vehicles. There are accidents that involve drivers, pedestrians, motorcycle riders, cyclists, even vendors and bystanders!
On a 2019 data, the Metropolitan Manila Development Authority (MMDA), there were 121,771 recorded accidents in the country. It was increased by 4.16% from the record of 116,906 incidents in 2018. Meaning, there are 334 reported accidents per day where results are one being fatal, 56 being non-fatal, and 276 leading to damages to property.
Having this enormous data, the responsibility with whom to prosecute in a road accident is sometimes debatable because of circumstances of who is at fault or its underlying causes.
Most drivers would agree, sometimes our laws cannot defend you from ridicule even if you’re the law-abiding driver for an instance. Fortunately, these modern days of our lives, we have CCTV cameras installed in streets.
Photo Credit: Wheels PH
Well, good news for drivers, to address the concerns on unfair ruling in road accidents, there are two measures in the lower house of Congress that will help resolve road accidents in a fair and reasonable way.
“In practice, police officers arrest, detain, and charge drivers who only appear to be at fault but are not factually at fault. Clearly, the problem does not only lie on the law but also on the application of the law. Thus, there is a needed legislation to provide proper evaluation and investigation by police authorities of the circumstances and evidence relative to road crashes in order to ensure that erring drivers/individuals—not innocent drivers—are held accountable,” Batangas 5th District Rep. Mario Vittorio Mariño explained.
The House Bill No. 899 or the Fair Road Crash Investigation and Accountability Act, and the House Bill No. 1987 or the Philippine Responsible Driving and Accountability Act will be consolidated by the Congress and hopefully be approved to be a law.
Photo Credit: ABS-CBN News
For your reference, here are some points to ponder when instances in which culpability of indicated party shall be presumed, under the HB 899:
1. If the driver is intoxicated or driving under the influence of illegal drugs.
2. If the driver has no, do not possess or has an expired license
3. If there is failure [on the part of the driver] to present the Official Receipt or Certificate of Registration (OR/CR) when asked by the first responder.
4. If there is a commission of other serious traffic violations.
5. If the driver flees the scene of the crime.
6. If there is no evidence [presented by the driver] of franchise or Certificate of Public Convenience presented during apprehension.
7. If the person injured was not crossing at a pedestrian lane or road intersection.
8. If the person injured crosses the street or highway instead of using the designated pedestrian crossing or nearby footbridge
9. If the person injured is a motorcycle/bicycle/tricycle not wearing road safety devices traveling on a national highway and not driving in the designated or rightmost lane of the roadway in accordance with international standards
10. If the driver or person injured did not have the right of way at the exact time of the accident.
Photo Credit: ABS-CBN News
On the contrary, when there are instances that the driver will not be automatically presumed at fault as stated in the HB 1987:
1. If the victim is intoxicated or under the influence of drugs.
2. If the victim was not crossing the street at a pedestrian lane or road intersection.
3. If the victim crossed a street or highway instead of using a footbridge.
4. If the victim is a bike rider not wearing protective gear or wearing dark clothing.
5. If the victim is operating a motorcycle, tricycle, or bicycle traveling on a national highway under the minimum speed limit or not on the rightmost lane.
6. If the victim is a driver who did not have right of way.
7. If the driver did not flee the scene of the incident.
8. If the driver was suffering a medical emergency, like a heart attack or stroke, at the time of the accident.
9. If the driver of the other vehicle has non-functional headlights, taillights, or other warning devices.
What do you think?
We always welcome these kinds of developments and always hoping for the best that laws can always protect us against unfair judgment
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