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  1. Join Date
    Mar 2008
    Posts
    37,301
    #131
    death race 2000! yehey!

  2. Join Date
    Nov 2007
    Posts
    1,409
    #132
    Quote Originally Posted by meledson View Post
    Sa Jaywalkers naman e. Basically jaywalking is illegal. Tapos sa illegal activity na ito, nasagasaan sila ng motorist who is not doing angthing illegal. may kasalanan ba ang motorist?

    Kaya nga may sign board sa ibang lugar: "wag tumawid nakmamatay". What if sa harap ng sign na ito may nasagasaan? Or sa ilalim ng pedestrian overpass?

    Peace.

    I respect your opinion meledson, I agree that once a pedestrian crosses a street without using a pedestrian lane or jaywalks and if he/she gets hit by a motorist, then it's not the fault of the motorist. In this country of ours that's not the case, family of the victim will pursue whatever damages it could squeeze out of the motorist, I have witnessed a case where the traffic investigator said to my friend after he hit a pedestrian who jaywalked that it's up to the victim's family to pursue a case or not , unfair to the poor motorist but that's how the system works here. More often then not the first thing a motorist would have to prepare is an affidavit of desistance to assure oneself that no charges will be pursued against him. That's my point. Peace.

  3. Join Date
    Nov 2008
    Posts
    100
    #133
    When you hit a jaywalker (or a motorcycle hits you), chances are, if you don't settle with the victim, they will pursue a case of Reckless Imprudence Resulting in Physical Injuries/Homicide/Damage to Property. That's the reality of it. You, however, have a chance to raise all the defenses you may have during preliminary investigation before the prosecutor or during the trial of the case in court. Problem is, the damage might have already been done (na-aresto ka na, etc.).

    Here's a caveat to everyone. There is a legal doctrine called "last clear chance," which says that even if the victim crossed the street illegally, the driver of the vehicle should have avoided the victim if he could have at the last clear chance. Otherwise, all things being equal, dapat absuelto ang driver. Obviously, the prosecutor/judge is human and emotions/sympathy play a huge part in the decision-making process.

  4. Join Date
    Jul 2008
    Posts
    5,874
    #134
    I think this is a step in the right direction. Aside from responsible driving we should promote responsible pedestrianism. Pedestrians have it too easy in this country. They get on and off PUVs anywhere, cross the road anywhere they choose, do so even at a green light and even if they hit a passing car from the side it's still the driver's fault.

    No driver wants to hit a pedestrian. I hope someday we can finally change the "If a pedestrian hits you it's still your fault" rule.

  5. Join Date
    Aug 2005
    Posts
    7,186
    #135
    Quote Originally Posted by ans_lim168 View Post
    I respect your opinion meledson, I agree that once a pedestrian crosses a street without using a pedestrian lane or jaywalks and if he/she gets hit by a motorist, then it's not the fault of the motorist. In this country of ours that's not the case, family of the victim will pursue whatever damages it could squeeze out of the motorist, I have witnessed a case where the traffic investigator said to my friend after he hit a pedestrian who jaywalked that it's up to the victim's family to pursue a case or not , unfair to the poor motorist but that's how the system works here. More often then not the first thing a motorist would have to prepare is an affidavit of desistance to assure oneself that no charges will be pursued against him. That's my point. Peace.
    Iyan ang problem dito sa atin.

    Assuming may isang tao na aksidente na may nasagasaan. Kung ang taon ito ay pupuntahan ang biktima para tulungan, kukuyugin pa ang driver ng taong bayan kasi nakasagasa siya. Pagnanakawan pa ang kotse o/at biktima. Paano naman ang biktima?

    knock on wood. sana wala akong masagasaan. C5 pa man din ang rota ko araw araw.

  6. Join Date
    Oct 2002
    Posts
    3,872
    #136
    Quote Originally Posted by stormgray View Post
    Here's a caveat to everyone. There is a legal doctrine called "last clear chance," which says that even if the victim crossed the street illegally, the driver of the vehicle should have avoided the victim if he could have at the last clear chance. Otherwise, all things being equal, dapat absuelto ang driver. Obviously, the prosecutor/judge is human and emotions/sympathy play a huge part in the decision-making process.
    Wala pong application ang "last clear chance" doctrine in this case since you have to prove that both parties were at fault at the time the injury happened.

  7. Join Date
    Jul 2009
    Posts
    251
    #137
    Quote Originally Posted by meledson View Post
    Iyan ang problem dito sa atin.

    Assuming may isang tao na aksidente na may nasagasaan. Kung ang taon ito ay pupuntahan ang biktima para tulungan, kukuyugin pa ang driver ng taong bayan kasi nakasagasa siya. Pagnanakawan pa ang kotse o/at biktima. Paano naman ang biktima?

    knock on wood. sana wala akong masagasaan. C5 pa man din ang rota ko araw araw.

    naku c5 daan nyo po? magiingat po kayo lalo na sa bandang c5 taguig area.. nabato po ako dyan ng pedestrian (part of hollow block ang pinambato) buti na lang laminated yung windshield ko nag crack at hindi nabasag sakin kundi tuloy tuloy yung bato sa ulo ko!!! ingat po kayo dyan.. modus ata nung ibang carnapper/holdaper yung tatawid at mambabato dyan sa may c5 area na yan...

  8. Join Date
    Feb 2009
    Posts
    2
    #138
    Yun nga ang mahirap sa Planet Philippines, masikip na daan, daming taong tumatawid na di gumagamit ng PedLane at overpass, pag nabundol ang sisi lagi driver, Hello!!!!! what a life only inthe Phil.......

  9. Join Date
    Jun 2007
    Posts
    29
    #139
    paano naman yung mga nasasagasaan ng train sa riles mga jaywalkers ba sila?
    sabi ng pamunuan ng PNR di naman daw pwede umilag ang train sa tao kasi sa riles lang naman dumadaan ang tren.

  10. Join Date
    Aug 2008
    Posts
    27
    #140
    Naku sa EDSA ang daming tumatawid kahit may footbridge. Hindi naman handicapped, bat ayaw umakyat ng hagdan? Sa Kalayaan din, walang gumagamit ng footbridge.

Motorists not responsible for hitting jaywalkers - MMDA