Hitting a Jaywalker - Are you Criminally Liable?

jimf · Apr 20, 2015

If you were to somehow satisfy most or all of the criteria, we all know as a foreigner you would still be found at fault, for something.
I feel like this is a stupid question but, do Filipinos have no shame?

PatO · Apr 20, 2015

Dave & Imp said: ↑

I hit a jack-walker on my motorcycle once. I was told than even though he came out from behind a car; was jay walking outside the crosswalk by 50 yards, he was distracted talking to his two college buddies, he was looking the the other direction, and I even honked to get his attention that the pedestrian (native) was always right.

The Good new was that for 1,500 P the kid was sent on his way with his college principal , the officer gave me back my license, no one recorded my name... so I think it was cheap to get my butt out of there for 1,500 P. He had little to no damage, as he hit my mirror and headlight with his hand. There were no police reports, attorney consultations etc.

The best part happened at the end when the college principal said "give me your number, so I can call you and tell you how he is" and the police officer responded, "no, give him your number and he can call you and find out if he wants to know". Consequently there was never any re-negotiations of the deal after that.... so I went home missing 1,500 P but no long term damage or worries... sometime, just sometimes life in the Philippines can be easier. This happened in Dumaguete in front of Robinson's mall.
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Afterwards, the college principal and the kid went around the corner and made another 1,500p...

Rye83 · Apr 20, 2015

jimf said: ↑

If you were to somehow satisfy most or all of the criteria, we all know as a foreigner you would still be found at fault, for something.
I feel like this is a stupid question but, do Filipinos have no shame?
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I didn't really post this as a foreigner vs filipino thing (it was posted to show that it was not only expats have this problem), the FHM article was written because of an incident where a filipino hit (and killed) a filipino pedestrian jaywalking in Manila. (FYI: I have known expats who have had accidents with locals and been found to have no fault in the accident and had to pay nothing to the local, though these were accidents were vehicle on vehicle. I think it is really irrelevant though, if you are driving a car in the Philippines, expat or local, you have a higher level of liability than we would have in our home countries. It's just something that one has to live with if living in the Philippines.)

jimf · Apr 20, 2015

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.

horizon155 · Apr 20, 2015

Wrye83 said: ↑

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.)
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I would say "The key question is: Whether or not you have enough to pay off the lawyer and/or judge" -

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