Consolidating two House bills may soon shield law-abiding motorists from reckless road users
Determining who is at fault after a road accident should be a straightforward matter, as the facts of the case can point which party acted carelessly and is therefore responsible for any property damage or injuries that may have occurred.
But sometimes, even the most law-abiding motorists cannot avoid the reckless behavior of a rider, pedestrian or fellow driver. If both sides have different versions of the story, it is often left to police officers or traffic investigators to determine who to arrest, detain or charge. And when this happens, the driver, even if not factually at fault, bears the heavier burden of proving his innocence.
Take the case of truck driver Teddy Gotis back in Nov. 23, 2017, for example. Gotis was driving an oil tanker in Brgy. Putatan, Muntinlupa when, out of nowhere, a minor in a speeding motorcycle crashed into his truck. The force of the impact instantly killed the teen rider who was drunk and without a license. Through later released, Gotis was initially presumed to be at fault, arrested, and charged by the police with reckless imprudence resulting to homicide.
PROTECTING LAW-ABIDING DRIVERS
To prevent cases like this, Congress has formed a Technical Working Group (TWG) to consolidate two pending bills — House Bill 899 entitled “An act establishing fair investigation and accountability for road crashes and for other purposes” filed by Batangas 1st District Rep. Mario Vittorio ‘Marvey’ Mariño and House Bill 1987 entitled “An act to promote responsible driving and establish fair accountability for road safety incidents and violation of traffic laws and regulations and for other purposes,” authored by Iligan City Rep. Frederick Siao — that aims to ensure fair and impartial investigation in road accidents and traffic violations.
These two bills will be merged to create a version of the law that will protect drivers who are in the right in cases of accidents involving pedestrians, cyclists and riders. Under current laws and procedures, drivers involved in accidents are usually presumed by law enforcement to be liable, even when other riders and pedestrians are at fault or share part of the blame.
HOW IT APPLIES
Once passed, drivers who are in the right won’t be automatically be presumed guilty of recklessness when it’s the other party that has clearly broken the traffic laws. For example, it’s the erring driver who will be presumed liable when he or she is:
- drunk or under the influence of drugs
- without license or expired license
- without Official Receipt or Certificate of Registration (OR/CR), or
- commits other serious traffic violations or flees the scene of the crime.
In accidents involving pedestrians and riders, the driver won’t be automatically presumed guilty when the pedestrian, cyclist or rider is:
- intoxicated or under the influence of drugs
- crossing the street or highway itself instead of using the designated pedestrian crossing or nearby footbridge
- not wearing road safety devices while on a national highway or wearing dark clothing
- aboard a bike/motorcycle that has defective headlights, taillights, or other warning devices
- traveling on a national highway under the minimum speed limit
- not being in the designated lane, or
- did not have the right of way at the exact time of the accident.
Alongside these new conditions, new bill also designates the Philippine National Police (PNP) Highway Patrol Group (HPG) as the lead agency that will investigate major road crashes. For minor incidents, the Traffic Investigation Unit of the concerned LGU will take charge of the scene and investigation.
FAIRNESS IN EYES OF THE LAW
Wheels.ph editor and veteran automotive journalist Manny de los Reyes welcomed the bill as an essential legal development. “How many times have we seen drivers automatically arrested because a motorcycle slammed into them and the rider was injured or killed? Sometimes the car is just crawling or even stopped and they get hit from behind or from the side. It’s about time we crafted a law that addresses this unjust situation,” he said.
“I just hope it’s an intelligently crafted law that protects and serves justice to all concerned, and not become another loophole for people who should rightfully be penalized for unsafe driving or riding,” de los Reyes added.
Should this bill pass, law-abiding drivers have better chances in proving innocence by simply looking at the facts of the case. It will be the erring pedestrian, rider or motorist, who will bear the heavier responsibility.
It can be very difficult to tell who was at fault for an accident. And because of there are multiple entities involved in determining accountability — law enforcement agencies, courts and the insurance companies — things could be messy after the accident. If signed into law, this consolidated bill could legally protect law-abiding drivers from the troubles brought by other reckless motorists and irresponsible road users.