Motorcycle Accident Law In The Philippines – It is common knowledge in the Philippines that police often arrest and charge motorists. Even if the motorcyclist is at fault, for example, in many cases, a motorcyclist drives too fast on a curve and crashes into a car, causing the driver’s death. In most cases Due to the death The police often blame the driver. Even though logic says it’s not his fault.
Netizens are often angry about this. “It’s not fair, it’s not fair in Pilipinas! [Philippine Laws Are Really Unfair!]” However, people should know that this is not the law in the Philippines. The practice of police officers arresting and arresting motorists due to fear of reprisal or criticism from the public or family members of the deceased motorist. The common belief is that the person who died was the victim of the event. This is absolutely wrong.
Motorcycle Accident Law In The Philippines
According to Section 2176 of the new Civil Code of the Philippines. Any person who causes injury to another person through fault or negligence. by act or omission will be liable for compensation for damages incurred Such mistakes or negligence If there is no contractual relationship between the parties, it is called quasi-tort. On the other hand, according to Law No. Section 3815, also known as the Revised Penal Code of the Philippines. Any person who does anything Which if done intentionally will be considered a criminal offense. with carelessness The mayor’s sentence of imprisonment for the maximum period up to the sentence of imprisonment valid for the minimum period. If it is a minor crime The mayor should receive a minimum and medium term prison sentence (Article 365).
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Therefore, when considering Section 2176 and Section 365 mentioned above, Offenders or negligent actors should be arrested and charged. In the example above The driver of the car is the victim. Not the perpetrator or perpetrator.
It is not good for the justice system when police officers charge and/or arrest motorists under the convenient pretext of avoiding attack from the public or the victim’s family members. As a law enforcement agency They have the authority to determine probable cause under Section 5 of Rule 113 of the Rules of Court (Criminal Procedure). For decades, our traffic laws have greatly benefited pedestrians when A collision with a vehicle occurred. Even if those pedestrians walk or ride bicycles. Now a new House bill hopes to fix that problem to make it fairer for both pedestrians and drivers.
Frederick Xiao, Iligan City Representative Filed Bill No. 1987 or the Philippine Driving and Liability Act The bill aims to improve national road safety laws. as well as laws regarding criminal, civil and administrative liability. and liability of drivers involved in traffic violations/traffic incidents.
Under current law The driver or drivers involved in the accident road safety events or violating traffic rules will be considered an immediate offence. Even if pedestrians were involved or at fault, the 1987 bill aims to punish pedestrians if they are found to have caused an accident.
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“Here in this country If you are a driver who respects traffic rules But you collide with another driver or pedestrian who is not paying attention to those laws. Including basic etiquette and road safety. You will be charged with a crime.” Reckless indiscretion resulting in death, disability, or property damage. House Bill 1987 seeks to repeal this,” Xiao said in a statement.
According to the draft law A driver is prima facie innocent in a case under investigation if:
The law’s provisions can also exempt drivers from traffic violations under the following mitigating circumstances: Medical speeding to get to a hospital for emergency care. Prosecution of a criminal suspect who flees or has recently fled the scene of a criminal offense. Rushing home or work due to fire or other disaster or serious structural defect of a road or bridge. as well as signs and warnings on the road.
If this new law passes Obedient drivers can be confident that they have done nothing wrong. This is especially true when it comes to careless pedestrians or other vehicles that clearly violate the law and the right of way.
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The pandemic has shown how important insurance is in the Philippines. This is because it can reduce the overall cost of everything covered in the plan. Medical expenses can be covered or reduced by a significant amount with health insurance. Meanwhile, car damages are covered by car or motorcycle insurance. Various traffic accidents This continues to occur during the ECK or extended community quarantine period. When there are fewer cars on the road And there are likely to be more accidents during the current GCK or general community quarantine period.
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Car and motorcycle insurance is essential to ensure that Filipinos newly released from quarantine are protected as they adjust to the new normal.
Accidents continue to occur during intensified public quarantines, such as when a doctor died in a car accident in Manila. Or when celebrity Michael Daez’s car was hit by a tired driver. These events occur when the number of vehicles on the road is limited. And the number of accidents is likely to increase as motorists and drivers return to the roads.
Both car owners and passengers can face financial problems if they are involved in an accident. And an insurance plan can help them solve the problem. Accident insurance can protect people when their car is involved in an accident for a variety of reasons.
Comprehensive car insurance in the Philippines can cover more liability than mandatory third party liability insurance can provide. CTPL coverage only covers bodily injury and death of third parties. And it does not cover third-party property damage. OSAGO is not sufficient to cover the entire cost of a traffic accident.
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Voluntary third party liability coverage for personal injury, death and property damage is available in comprehensive insurance plans. Therefore, policyholders do not have to worry about paying their own bills.
Some drivers do not have OSAGO insurance, even though it is required by law. Therefore, it is reasonable to assume that more drivers are uninsured. With more people out and about during GCK, the chance of accidents increases and becomes more of a problem if you and the other person are not insured.
Financial risks associated with traffic accidents can be reduced and eliminated only with the help of an insurance policy. A comprehensive accident insurance plan can cover the damages you sustain. Even if the at-fault driver cannot cover the costs. Most car owners and motorcyclists are responsible on the road. And many others are uninsured or underinsured. Therefore, it is very important to have protection from them.
TNVS services in Luzon are temporarily suspended during ECK to limit the movement of people. and help control the spread of the virus. Food delivery drivers can continue working and provide services. Their services were in demand during the quarantine. Now, during GCK, people can return to work and TNVS services have resumed. It has become in demand again as some of the most convenient transportation options are not yet available. and due to limitations on the number of bus passengers
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Both TNVS drivers and food delivery passengers may clog Metro Manila’s roads. and increase the chance of accidents Such drivers need adequate protection so that they do not struggle again when they return to work for the first time.
Traffic accidents and car collisions can happen at any time. Therefore, it is important to be prepared for what might happen. Cars and motorcycles
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