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GBT62

Is the law over motor vehicle accidents, the laying of blame and "reckless imprudence" under review still ?

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GBT62

I thought I had read a while back that it was. If so - what progress ?     Another worrying example in this article.

In this case - motorcycle "allegedly" counterflows - strikes car in another lane, deflects and rider is now deceased.  Car driver is detained pending the filing of charges for reckless imprudence resulting in homicide and damage to property against him :scratch_head:   Police are awaiting motorcycle rider's family "next moves" :wacko:

Ludicrous.  I am questioning why I drive here every time I read these. Even a dash cam doesn't seem to protect you against these situations.

https://www.philstar.com/the-freeman/cebu-news/bottom-article-list/2019/06/24/1929098/jdHDQhQFhJSeivjw.99

Bike driver dead, 4 hurt in separate accidents

(The Freeman) - June 24, 2019 - 12:00am

CEBU, Philippines — A driver who allegedly counterflowed met his untimely demise after his motorcycle crashed into a private vehicle along N. Bacalso Avenue near the Mananga Bridge in Barangay Tabunok, Talisay City late Saturday evening.

Brenard Abadilla, 27, a resident of Sitio Sambag, Barangay Lagtang, was driving his Honda motorcycle (1508 GX) on his way to the southern part of the city when his vehicle rammed into a Mitsubishi Montero Sport car (YJV 659) driven by Dianne Verdeflor, 38, a resident of Barangay Lawaan 1, same city.

The report from Talisay City police indicated that Verdeflor’s car was heading to Cebu City when it was hit by the speeding motorcycle.

The report said that Abadilla suddenly counterflowed to Verdeflor’s lane, which caused his motorcycle to hit the car’s left side. Because of the impact, Abadilla was thrown off his motorcycle and suffered fatal injuries.

Personnel from the Emergency Medical Services (EMS) in Talisay brought Abadilla to Talisay City District Hospital where he was declared dead on arrival.

Police said both vehicles incurred damages from the crash, though they have not assessed their value as of this writing.

Police are still waiting for Abadilla’s relatives to show up to their office and inform them of their next move.

Verdeflor is currently detained at the Talisay City Police Station pending the filing of charges for reckless imprudence resulting in homicide and damage to property against him.

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SkyMan
1 hour ago, GBT62 said:

Verdeflor is currently detained at the Talisay City Police Station pending the filing of charges for reckless imprudence resulting in homicide and damage to property against him.

???????????????????

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MickyG

Translation may be that

 

''He has not paid us enough to make this go away''

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Headshot
Posted (edited)

You just couldn't make this up. Nobody in a first-world country would ever believe that shit like this actually happens here ... but it DOES. My wife would prefer that I stop driving here for this very reason. A foreigner could be following all of the laws and still get tagged for reckless imprudence ... even though the other person was totally at fault in the accident. That could result in a foreigner getting locked up for several years in the Philippines with absolutely no recourse.

Edited by Headshot
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GBT62
Posted (edited)

Perhaps it is still a bill only - http://congress.gov.ph/legisdocs/basic_17/HB06925.pdf

https://www.autoindustriya.com/auto-industry-news/new-bill-to-make-laws-rules-on-reckless-imprudence-fair-to-drivers.html

In the meantime largest vehicle loses :scratch_head:

On the plus side - on my bicycle, my kids might get a payout from a tangle on the CSCR - unless a skateboarder in involved :lol:

Edited by GBT62
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Dafey
2 hours ago, Headshot said:

A foreigner could be following all of the laws and still get tagged for reckless imprudence

A foreigner could be sitting at a red light and rear ended and they could get blamed

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GBT62
11 minutes ago, Dafey said:

A foreigner could be sitting at a red light and rear ended and they could get blamed

Exactly.

When I sent my GF the article her response was "that's why you need patience when driving".

My response was  "but - even parked - they can hit you - and you are at fault".

Even letting them do their little race ahead in the green-light-grandprix - doesn't protect you from a rear impact ...

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lamoe
13 minutes ago, Dafey said:

A foreigner could be sitting at a red light and rear ended and they could get blamed

Of course - at fault for not moving out of the way

 

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M.C.A.
Posted (edited)

You're guilty of killing someone no matter what the circumstances and it's been that way a very long time, I don't see this changing especially when people hang on the roads and I was warned about this my first time stationed in Subic 1984 it was part of the indoctrination and the main reason I no longer drive anything here, I'll let public transportation do all the worrying.

Edited by M.C.A.

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Paddy

I don’t know what it is about my civic. It has very bright LED DRLs at the front and a fairly large array of LED brake lights. I have been rear-ended at least 4 times (motorcycles and tricycles)  2 of those times I had to brake fairly suddenly (but I wouldn’t rate them as emergency stops). 

The local drivers/riders a) don’t look far enough down the road, b) drive too close to other vehicles and c) do stupid stuff. 

Around here, it is also quite likely that they have no registration, no license and no insurance. 

In 2 of the events I stopped and spoke to the other driver. Both were apologetic. (The other 2 events I didn’t notice until later and there was no indication of anyone else saying anything at the time!)

i have no doubt that a collision involving injury or death would be a very different ball game - and logic is unlikely to apply.

You would think that motorcyclists would know they are likely to be injured when in a collision. But that’s the 4th thing they don’t seem to have - a sense of self-preservation.

I have both Masbate and Mobo police hotlines on my phone.

It also helps that I am a fairly good auto detailer!

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Kreole
22 hours ago, GBT62 said:

Verdeflor is currently detained at the Talisay City Police Station pending the filing of charges for reckless imprudence resulting in homicide and damage to property against him.

 

This is where it gets scary.  The fact that the police would even consider detaining the "victim" of the crash for "reckless imprudence" is absolutely insane.  There is no doubt of the outcome, especially after the family of the Darwin-dead mc driver gets through filing charges against the real victim.  (by the way, Dianne is a female name for those who didn't know). 

I am both a moderately aggressive and hyper defensive mc driver, which means that I go faster than everyone else in order to keep a safe distance from any potential Darwin candidates.  This means looking far ahead, around and through other vehicles ahead of me and anticipating any movement on the sides of the road.  I EXPECT stupid people to do stupid things.  I use my horn a lot when approaching other vehicles or dogs in or on the side of the road.  Nobody is perfect; I killed 2 dogs in the last 8 years, one of which was totally unavoidable and the other for lack of anticipating that a pack of dogs would suddenly cross over the road chasing a female in heat.  I do hope to get out of this country without killing any more dogs or people.  Unfortunately, any 3rd world country a white foreigner will go, s/he will always be the target of stupid people and corrupt officials.

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Jack Rat
On 6/24/2019 at 2:20 PM, SkyMan said:

???????????????????

I guess the innocent victim could counter by filing for 'wrongful arrest'..Anyway looking at the positive side of the argument, this particular accident would have increased the countries intelligence statistic slightly. 

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Soupeod

Craziness!

I remember reading about a Foreigner in Leyte who hit a trike and killed a passenger.  They took him to the police station where it was reported he was more than willing to pay all costs for the old womans death.  All forgiven, no jail, end of the story.

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Jawny

I’m not convinced the reporter has the details completely accurate.  It does not surprise me the police would want to await the deceased family's arrival.  That is, the circumstances of the accident are only what was reported, not necessarily what was witnessed. 

Seems I read some posts a while back where a LinC member was quoting the law about right of way and yielding.  That is, there was some sort of common sense provision that even a person with the right of way had a duty to yield if it would prevent an accident.  Such as, a vehicle enters a highway and the one with the right of way fails to stop, even with time to do so.....of course according to witnesses.

My child was struck by a bus, in a school zone, clearly marked, in the painted zone for crossing.  The child recovered nicely, with a few days hospitalized more for observation to see what injuries may have occurred.  

Immediately after the accident, the police wanted me to go to the station and asked if I wanted to "press charges". I was caught off guard, since I had expected the police would be the ones charging the driver with violations etc.

It became rapidly apparent the only way the guy would be held accountable was if I hired an attorney to act a private prosecutor. Also, I’d need to assemble witnesses etc. All this to achieve some sort of justice.  

It seems likely a driver in the situation as this woman may end up making some sort of monetary settlement just to make the problem go away.  If the problem persists, and there are charges and court dates etc, the cheaper alternative is to pay for a funeral. 

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Jack Rat
On 6/24/2019 at 4:10 PM, Headshot said:

You just couldn't make this up. Nobody in a first-world country would ever believe that shit like this actually happens here ... but it DOES. My wife would prefer that I stop driving here for this very reason. A foreigner could be following all of the laws and still get tagged for reckless imprudence ... even though the other person was totally at fault in the accident. That could result in a foreigner getting locked up for several years in the Philippines with absolutely no recourse.

I have been driving in the Philippines for almost 20 years. In that time I have had two minor accidents and in both cases, I found the police's attitude at the scene quite professional. In one accident I was at fault the second was the other guys fault. Both accidents were settled on the spot and without the police taking sides, both insurance companies settled the bill. The foreigner is not always seen as the bad guy. Attitude plays a major part in quickly resolving motor accidents here. If you are involved in an accident keep cool, but don't back down, a Filipino can sense weakness, and they will be quick to act upon it!  I keep my lawyers mobile number with my licence, just in case, keeping in mind, one may not be looking for trouble but sooner or later trouble 'will,' eventually find you!

 

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