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Best Posts in Thread: Hitting a Jaywalker - Are you Criminally Liable?

  1. jimf

    jimf DI Member Showcase Reviewer

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    Point taken, I did not read the entire article. It appears the norm is that a foreigner has of course a greater burden of proof.
    I have heard from others the same, that the police in Dumaguete and the area appear to be fair minded, and do not necessarily default against the foreigner.
     
    • Like Like x 2
    jimf, Apr 20, 2015
    #14
  2. MikeB

    MikeB DI Member

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    No.
    The cam records audio as well as video and I usually leave the radio off so it would probably indicate dead silence because that's the way I usually drive. All senses devoted to the singular task.

    I don't see it as a matter of proving anything, more like thwarting extortion. As I said, it's not 100%. There's a huge liability factor in driving a car here, between having it or not I'll take the former.
     
    • Agree Agree x 2
    MikeB, Apr 20, 2015
    #10
  3. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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

    [​IMG]

    "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.)
     
    • Informative Informative x 2
    Rye83, Apr 20, 2015
    #1