tama ba to?(part 2)

[badkuk]

this morning i saw this police report on MUB about an accident at Antipolo. Apparently a guy on a motorcycle who was going *counterflow* at high speeds rammed into an incoming pickup. malamang gusto mag overtake using the opposing lane, kaso mas malakas pala ung loob kesa sa motor nya. the guy on the bike died, and the guy driving the pickup is being charged.

tama ba to? comon sense would suggest that the guy on the motorcycle was at fault. in fact, if i was the guy on the pickup and nabuhay ung loko, i'd be suing his ass for reckless driving, reckless imprudence, and outright stupidity, aside from demanding repairs!

[j_avonni]

I think he is being charged because somebody died. What are the charges? Homicide, reckless imprudence? But this is still subject to further investigation as to who really was at fault.

[boybi]

malabo talaga ang mga traffic laws and violations dito lalo na kapag meron accident. sa ibang countries nga, kapag nakabangga ka ng pedestrian na wala sa pedestrian lane (jaywalking), yung pedestrian pa magbabayad sa damages sa car mo. dito parang ang lumalabas kung sino ang mas malaki ang na-damage, sya ang walang kasalanan.

[DoctorDoom]

malabo talaga ang mga traffic laws and violations dito lalo na kapag meron accident. sa ibang countries nga, kapag nakabangga ka ng pedestrian na wala sa pedestrian lane (jaywalking), yung pedestrian pa magbabayad sa damages sa car mo. dito parang ang lumalabas kung sino ang mas malaki ang na-damage, sya ang walang kasalanan.

We haven't read the entire police report on that matter, so it's difficult to judge the action of the police. The standard procedure is the police "Invites" the affected parties for preliminary investigation. After the preliminary investigation and sufficient evidence is found that warrants a charge, that's the time that charges are filed.

In the case mentioned in this thread, we are not privy to the details of the police investigation. I don't think it is standard practice to automatically charge whoever is the "surviving" driver in a traffic accident.

Also, if you are charged with a non-henious, the "suspect" can post bail so he does not have to stay in jail while the case is ongoing.

[NightRock]

He needs a tough lawyer.. ma haba haban trial yan..

[silhouette]

ang masakit dyan, kulong ka muna while on trial. tapos if found not guilty...hehe wala lang.

[mazdamazda]

AFAIK... involuntary manslaughter ang kaso jan.

[jvdejesus05]

ganyan talaga kagulo ang laws ng bansa natin... sad to say, kung sino ang namatayan or may mas malaking damage sya and kakampihan especially kung mahirap lang yung tao...

[Altis6453]

The case will be referred to the Office of the City Prosecutor for preliminary investigation. During this phase, the police have to present evidence to the prosecutor that a crime had been committed by the suspect. I don't think their investigative skills can go that far. They'd have to get witnesses to the incident to testify and establish how the pickup driver was supposedly negligent while driving in his lane. If he has a good lawyer, he can get the case dismissed sa PI stage pa lang.

[Field Master]

Medyo OT pero share ko lang almost same experience ko.

I'm driving Sentra way back 1997 along Batangas-Laguna National Highway on way back to Manila. It was noon time and I'm cruising (50-80km/hr) on inner lane while a jeepney is on my front. Not much traffic at that time then all of the sudden the jeepney on my front make a fast change lane going outside. This was very brief and when he cleared the lane I saw an incoming ambulance right in my front with all his emergency light flashing. Without any thinking and without looking if the other lane is clear I pulled my car on outer lane and thanks God I made it safe. For few seconds I was speechless and stunned so was my fiance sitting on passenger side.
Should my luck doesnt play good that time and I got a head-on sino kaya ang may kasalanan?