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  1. Join Date
    Feb 2024
    Posts
    797
    #4521
    Quote Originally Posted by coiter View Post
    reckless imprudence resulting to homicide. unfortunately, ganun talaga SOP pag may namatay. yung buhay ang kakasuhan until proven innocent. nag file na raw ng affidavit of desistance yung kamag anak ng kamote but still, grabe ang injury, trauma at damage to property ang dinulot sa auv driver. di rin naman sya makakasingil kasi patay na yung kamote.
    I see. Got it.

    But was there inexcusable lack of precaution on the part of the AUV driver?

    Reckless Imprudence is defined as -

    "voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his/her employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time, and place."

  2. Join Date
    Jul 2009
    Posts
    10,305
    #4522
    Quote Originally Posted by coiter View Post
    reckless imprudence resulting to homicide. unfortunately, ganun talaga SOP pag may namatay. yung buhay ang kakasuhan until proven innocent. nag file na raw ng affidavit of desistance yung kamag anak ng kamote but still, grabe ang injury, trauma at damage to property ang dinulot sa auv driver. di rin naman sya makakasingil kasi patay na yung kamote.
    Wala bang fault ang skyway dyan? Di dapat naka pasok sa exit yang MC. Although nag attempt daw harangin kaso naka lusot pa rin. At that point the skyway should have done everything to warn approaching traffic.

    May nabasa ako story, isang nag bi bisikleta ang na tumba at tumama ang mukha sa naka hinto na suv. Parang nag spend pa rin ng time sa kulungan yung suv driver kahit naka hinto sya at sa likod ng suv tumama mukha.

    We need to change the law, pag obvious na walang sala dapat wala na kulong, siguro mag kaso para ma clear pero walang kulong sa umpisa.

  3. Join Date
    Nov 2002
    Posts
    1,772
    #4523
    Quote Originally Posted by Motortrend View Post
    I see. Got it.

    But was there inexcusable lack of precaution on the part of the AUV driver?

    Reckless Imprudence is defined as -

    "voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his/her employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time, and place."
    that's what's needed to be investigated. who was the most negligent. although it's obvious, based on available evidence and eyewitness accounts, that the auv driver is not at fault, only a prosecutor or judge can decide since a criminal offense was committed kung tinuloy ng kamag anak ang kaso. especially since the other party is dead and he/she can no longer testify. the law sucks, really, kaya may bill sa congress that aims to fix it pero 5 yrs na raw naka tengga.

    btw, am no lawyer but my dad was a prosecutor so he always reminded me of this para mag ingat talaga at alam ko rin rights ko.

  4. Join Date
    Feb 2024
    Posts
    797
    #4524
    Quote Originally Posted by coiter View Post
    that's what's needed to be investigated. who was the most negligent. although it's obvious, based on available evidence and eyewitness accounts, that the auv driver is not at fault, only a prosecutor or judge can decide since a criminal offense was committed kung tinuloy ng kamag anak ang kaso. especially since the other party is dead and he/she can no longer testify. the law sucks, really, kaya may bill sa congress that aims to fix it pero 5 yrs na raw naka tengga.

    btw, am no lawyer but my dad was a prosecutor so he always reminded me of this para mag ingat talaga at alam ko rin rights ko.
    That's good to know. Thanks, bro!

  5. Join Date
    Sep 2003
    Posts
    25,179
    #4525
    No helmet, no license, slippers...

    Good thing the relatives of the sweet potato has issued a affidavit of desistance...


  6. Join Date
    Sep 2003
    Posts
    25,179
    #4526

  7. Join Date
    Apr 2005
    Posts
    2,856
    #4527
    Quote Originally Posted by Monseratto View Post
    That must also be traumatic to the car driver.

    too fast to react, at diretso talaga sa kanya yung motor on a curve.

    Here's another informative link:
    https://www.autoindustriya.com/auto-...from-nlex.html
    Last edited by H1Tman; March 12th, 2024 at 02:05 PM.

  8. Join Date
    Mar 2008
    Posts
    174
    #4528
    Quote Originally Posted by Monseratto View Post
    No helmet, no license, slippers...

    Good thing the relatives of the sweet potato has issued a affidavit of desistance...


    naisip ko lang , lahat na yata na violate nya .

    "the ultimate kamote"

    no driver's license
    no helmet
    under the influence of alcohol
    counterflow
    violating skyway rules on motorcycle allowed
    speeding over 60kph

  9. Join Date
    Jan 2010
    Posts
    1,790
    #4529
    The Raider driver didn't look like he even tried to slow down. No skid marks too; full send.

  10. Join Date
    Jan 2005
    Posts
    170
    #4530
    maybe the driver is thinking nasa tamang linya sya (keep right) kaya nakipaglaro ng chicken.

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