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  1. Join Date
    Jan 2007
    Posts
    4,459
    #41
    Dapat may tazer ang mga MMDA para kuryentehin ang makukulit

  2. Join Date
    Oct 2002
    Posts
    14,825
    #42
    Quote Originally Posted by Altis6453 View Post
    Actually, if the driver of KH can prove that he was driving within the speed limit and not haphazardly changing lanes or making dangerous maneouvers (i.e. being reckless), then he's got a good chance of beating the criminal raps since what is being prosecuted is the "reckless imprudence". The civil aspect, of course, is something else.
    Yup... they have to prove that they are not liable for "reckless imprudence".

    If the driver & Kristine can testify that the MC rider was driving recklessly (e.g. lane splitting, disregarding traffic signs, etc.) then they have a good defense.

  3. Join Date
    Jan 2005
    Posts
    3,773
    #43
    just to add what leolop posted earlier, the Supreme Court also stated in a case that the defense of contributory negligence does not apply in criminal cases committed through reckless imprudence, since one cannot allege the negligence of another to evade the effects of his own negligence.

  4. Join Date
    May 2006
    Posts
    556
    #44
    Quote Originally Posted by ghosthunter View Post
    The law should be changed. If pedestrians who are crossing the street at a non-pedestrian-crossing zone, and if they have an accident, the pedestrian cannot claim any damages from the vehicle owner/driver. Basically, cross at your own risk if you don't use the proper street crossing zones/structures.
    Quote Originally Posted by wewoy_romero View Post
    agree. daming ganito along edsa/major roads. anlaki laki na nga nung pink billboard na "walang tawiran, nakamamatay" sige pa rin. at may malapit pa na pedestrian overpass ha!
    We debated this matter in one of my law classes. It's unlikely the law will change. According to our professor, it's a matter of intent kasi, even if you're in the "right of way".

    Kahit mali sila, you should do your best to prevent or avoid hitting them. You have to prove that at least you've tried avoid them (e.g. skid marks), otherwise you're at fault din.

    I know it sucks, but when all things are considered, tama lang ang batas na ito.

    Having a driving license is a privilege, not a right.
    Last edited by HIFI; October 11th, 2007 at 08:33 PM.

  5. Join Date
    Jul 2006
    Posts
    1,743
    #45
    Quote Originally Posted by ghosthunter View Post
    The law should be changed. If pedestrians who are crossing the street at a non-pedestrian-crossing zone, and if they have an accident, the pedestrian cannot claim any damages from the vehicle owner/driver. Basically, cross at your own risk if you don't use the proper street crossing zones/structures.
    i agree with you 100%. nalala ko before may nangyari sa reporter ng tabloid. drive nya FX nya tapos may tumalon na lasing galing sa mataas na center island somewhere in manila. bumagsak sa hood nya then tumama sa windshield ng sasakyan. umabot naman ng ospital pero namatay din. ayun kulong pa si reporter.

    kahit sabihin natin na pinakawalan din after ilang days, e papano yung abala na nangyari dun sa kawawang reporter na yun?

    isa pang badtrip e yung mga tricycle sa highway. correct me if im wrong. ang alam ko is dapat nasa seconday roads lang ang mga to. bakit may prangkisa pa tapos highway daanan. takaw aksidente na takaw gasgas pa sa mga sasakyan na iba.

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