Death due to Car Accident

**micmicshin** · July 8th, 2009 12:55 PM

My husband died on a car accident in Imus Cavite last June 27, I would like to ask if somebody can help what are the penalties nung bumangga sa kanya? Pauwe na kasi sya nun tapos binagga sya, lasing na lasing yung bumangga sa knya. Total wreck yung honda civic namin result ng on the spot na pagkamatay ng husband ko, yung ford escape nya bumper lang nasira, wala rin sya injuries mga galos lang, dahil sa lakas ng impact nag letter c yugn honda civic namin.

Anu pananagutan nya? may lusot ba sya? ANong max na penalty nya? Makukulong ba sya? Ao anong case ang mafifile sa knya? Nakasampa na yung kaso nagbail na ata sya, may hearing na sa Aug 10. Gusto ko lang maenlightenm nde kasi ako ang kumakausap sa lawyer dahil pumapasok ako sa ofc at parent nya nagaasikaso.

**_Qwerty_** · July 8th, 2009 01:06 PM

sorry to hear that mam..

reckless driving resulting to death yan tapos DUI pa... so dapat makulong yan.. plus payment of damages dapat..

**nitrox** · July 8th, 2009 01:09 PM

So sorry ma'am for your loss. I hope the drunk driver will pay for his deed with the full force of the law. I also hope his conscience will forever remind him as he is responsible for taking away a husband, son & a father.

Do you know what legal case/s were filed against the driver? I'm no lawyer, but hopefully it can be considered as homicide. As a wife, I suggest you also involve yourself in the discussions with the lawyer. Given the gravity of the crime, all possible cases and counts should be filed agains the drunk driver. Check the police report as I think it will be used as basis to establish the facts of the case and all details are correct/accurate and none have not been left out. Best of luck and our prayers are with you.

**1D4LV** · July 8th, 2009 01:31 PM

we are sorry for the loss. we know that its really very hard... so sudden pa...

tama si qwerty. reckless driving resulting to homicide tsaka driving under influence of liquor.

our condolences again. we here at tsikot hope that you are ok and coping.

**micmicshin** · July 8th, 2009 01:35 PM

Thanks for the replies.

From what I know homicide ata ang finile na case and damage to property, but we have to prove pa daw na drunk nga yung guy nung nasa hospital kasi kame, ayaw pakita yung chart ng hospital kung nakalagay na lasing yung guy or kahit verbal na confirmation na nilagay nila yun kasi daw medico legal so confidential daw. And yung bail nya is 30K lang ata.

I haven't read the Police report yet, ang bilis ng pangyayare we have to file the case within 24 hours so hinabol namin, nde na nga nila nabasa yung mga docs and we found out yesterday na nabaligtad yung case parang kame yung dinedemanda, but naayos naman na.

**1D4LV** · July 8th, 2009 01:44 PM

Originally Posted by micmicshin

Thanks for the replies.

From what I know homicide ata ang finile na case and damage to property, but we have to prove pa daw na drunk nga yung guy nung nasa hospital kasi kame, ayaw pakita yung chart ng hospital kung nakalagay na lasing yung guy or kahit verbal na confirmation na nilagay nila yun kasi daw medico legal so confidential daw. And yung bail nya is 30K lang ata.

I haven't read the Police report yet, ang bilis ng pangyayare we have to file the case within 24 hours so hinabol namin, nde na nga nila nabasa yung mga docs and we found out yesterday na nabaligtad yung case parang kame yung dinedemanda, but naayos naman na.

tama. damage to property pa pala. dun naman sa hospital, you can get the charts plus the police report as evidences. as far as i know, may bail naman talaga ang homicide.

anyway, may lawyer na kayo ma'am. he should be able to do everything for you, considering may mga dapat pa kayong asikasuhin.

btw, im not a lawyer... concerned lang po. hirap kasi yung situation nyo ngayon.

**ianmitsulancer** · July 8th, 2009 01:47 PM

I'm very sorry for your loss. Please accept my condolences po.

-IMO-

I do agree with Sir Qwerty... aside from that, here is hoping that your lawyer is doing everything possible. The charges must be high and to your advantage since this irrepairable damage on your part.

Also, was the Ford Escape of the no-good Ford Escape Driver and Your Honda Civic on Comprehensive Insurance?

**micmicshin** · July 8th, 2009 01:51 PM

Yun nga eh, wala pang comprehensive insurance yung civic namin, kasi kakabili lang namin dito sa tsikot. La pang 1 month sa amin, inaayos pa mabuti ng husband ko lahat bago pa insurance. Nde na umabot. AS per the Ford Escape, meron daw insurance, my husband works at Ford so track nila meron daw.

**swordsman** · July 9th, 2009 02:30 AM

so sorry for your loss.

another life lost due drunk driving. sana maisa-batas na mas seryosong parusa sa mga hinayupak na nagmamaneho ng nakainom. sa US sineseryoso nila talaga yan, kasi the next victim of these stupid drunk drivers could be a member of their family. dito sa atin, wala yata pakialaman mga senador at congressmen, inuuna pa si hayden na imbestigahan. sa mga car clubs & car associations naman, wala yata nag-lo-lobby man lang.

**Horsepower** · July 9th, 2009 05:34 AM

Reckless imprudence resulting to homicide and reckless imprudence resulting in damage to property ata ang cases nito. I'm not sure kung may laws na against drunk driving but as far as I know, wala pa po.

Make sure na mapa Hold Departure Order mo sya kasi mahirap and lengthy ang extradition process — that is, if we have extradition treaty with the country he flew off to.

Be ready. The family of the suspect will try to settle this out of court with you para di sya makulong. On some instances, they'll also pay your lawyer para ipatalo ang kaso so watch your lawyer too. Kung palpak ang lawyer nyo, like he doesn't seem to be protecting and advancing your interests, palitan nyo agad.

This is the argument they'll probably tell you:
That they are sorry for your loss but you should consider that putting him behind bars won't bring back your husband's life.
That taking him away from his family would be detrimental to his wife and children (if the other party is a family man). That is appeal to emotion. Don't fall for that. That person is NONE of your concern if he went about driving responsibly.
That you are now a widow, and perhaps a single parent if you have children.
That you should also consider yours and your children's future now that your partner in life is gone.
and so on...

Then decide whether you'll settle or not.

Settling, from a logical standpoint, does not mean that you are devaluing your husband's life as life itself is priceless. However, compensation is also a vehicle of justice. With out-of-court settlement, you can dictate the price that would be enough for you and your children (i.e. 20 million, 5 million etc.). Be ready kasi babaratin ka nila to be able to get off at a much lesser cost. Make sure everything is paid in cash (through bank deposit or verified bank guarantee. Checks need to be cleared first. Never ever sign the quit claim and release waiver until you are satisfied and sure. One of the tactics here is that the counsel will be pushy and will try to bully you. Don't give in to that. As long as you don't sign, you have the upper hand.

IF I may ask, paano nabangga yung car nyo? Did the Escape driver beat the red light? If it was your husband who ran the red light, you'll need a good lawyer. Sabagay, lasing naman yung other party so the burden is automatically on him but you'll need witness/proof. Anyway, try if you can get the chart/records of the hospital with any means possible.

Be strong and may your husband rest in peace.