Hitting a Jaywalker - Are you Criminally Liable?

A lawyer from Top Gear Philippines weighed in on it.....I don't think most of us will be surprised by the answer.



"The key question is: Were you driving with due care? For a good defense, you will have to prove circumstances such as the following: Your car was in good operating condition, without any modification that impaired its safe operation; you hold a valid driver’s licence; you are in good health; you have the correct prescription lenses or eyeglasses (in case you wear a pair); you were not under the influence of alcohol, medication or prohibited drugs; you were not distracted by the car’s entertainment system or by a passenger; you were not using your cell phone, or smoking, or eating, or drinking; the car was traveling within the speed limit; the car’s window tint was within the acceptable safety standards for visibility; the car was in the correct lane of the expressway; you availed of every opportunity to avoid the jaywalker or slow down the car; and you took all steps possible to get medical attention to the jaywalker.

In short, you will have to prove that you were the perfect driver without any violation, and that your vehicle had been maintained according to the manufacturer’s standards."

The full article can be found here: Legal question: Are you criminally liable if you hit a jaywalking pedestrian? | TopGear.com.ph

(Interesting to read the comments as well. It seems the vast majority of people find the law quite ridiculous.)

 

It is odd (and unfair) that you are assumed guilty until proven guilty in the Philippines. My mother always told me "get over it, life's not fair". I wonder if she knew I would be living in the Philippines?
[DOUBLEPOST=1429492008,1429491852][/DOUBLEPOST]This thing raises a lot of questions.....how do I "prove" that I was not distracted by the radio? That I was wearing my contact lenses? Or even that I was not breaking the speed limit? These things are not "provable" in the Philippines.

 

cheap beer?

 

Does your dash cam say how fast you are going? Chances are you are going faster than the speed limit. Can you prove that you weren't distracted by the radio or a passenger? The burden of proof is on you. Even if the guy jumped off a bridge and landed on your car while you were driving under it you would have a hard time proving that you were not criminally liable.

(I say you were probably going over the speed limit because by law the speed limits are ridiculously slow.)

Spoiler: R.A 4136

R.A 4136

SECTION 35. Restriction as to Speed. – (a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the highway, and of any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such a speed as to endanger the life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead.

(b) Subject to the provisions of the preceding paragraph, the rate of speed of any motor vehicle shall not exceed the following:

MAXIMUM ALLOWABLE SPEEDS

Passengers Cars Motor trucks and Motorcycle and buses
1. On open country roads, with no “blinds corners” not closely bordered by habitations. 80 km/h (max) 50 km/h (min)
2. On “through streets” or boulevards, clear of traffic, with no ” blind corners,” when so designated. 40 km (max) 30 km (min)
3. On city and municipal streets, with light traffic, when not designated “through streets.” 30 km/h (max) 30 km/h (min)
4. Through crowded streets, approaching intersections at “blind corners,” passing school zones, passing other vehicles which are stationary, or for similar dangerous circumstances. 20 km/h (max) 20 km/h (min)

(c) The rates of speed hereinabove prescribed shall not apply to the following:

(1) A physician or his driver when the former responds to emergency calls;

(2) The driver of a hospital ambulance on the way to and from the place of accident or other emergency;

(3) Any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic, or any other similar place;

(4) The driver of a motor vehicle belonging to the Armed Forces while in use for official purposes in times of riot, insurrection or invasion;

(5) The driver of a vehicle, when he or his passengers are in pursuit of a criminal;

(6) A law-enforcement officer who is trying to overtake a violator of traffic laws; and

(7) The driver officially operating a motor vehicle of any fire department, provided that exemption shall not be construed to allow unless or unnecessary fast driving of drivers afore-mentioned.