Alert Level 1— Here comes the heavy traffic
Should you be in such accident, it is best to keep a cool head and try to settle the same amicably to avoid inconvenience and expense for all parties
Published in Daily Tribune on March 3, 2022
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Starting 1 March 2022, the Philippine government has declared the National Capital Region under Alert Level 1 which means we can expect more commuters, more business operations, and generally more people outside. Drivers by now should already feel the effects of Alert Level 1 since road traffic is getting heavier. In Makati alone, the city declared the reimposition of the number coding scheme starting 16 March 2022. With more people on the road, we expect that traffic accidents will rise. So, I would like to lay down some traffic accident rules that drivers may need a refresher on and hopefully would help them navigate traffic accidents should they be in one.
In cases of vehicular accidents, always stay where you are [Article V, Section 55 of the Land Transportation and Traffic Code (LTTC)] and get ready to present your driver’s license save when you are in imminent danger, if you report the accident to the nearest officer, or if he has to seek medical assistance of the victim (in case physical injuries occur).
Second, prior to the accident, various factors are considered such as the width of the road, its curvature, the presence of pedestrian crossing, visibility, and weather in determining if a driver is recklessly operating his car. As such, drivers must know the following:
a. Speed limits — Chapter IV, Article I, Section 35 of the LTTC
b. Overtaking is generally to the left side except in cases of more than two lanes in one direction or in cases of overtaking a vehicle about to make a left turn. The vehicle being overtaken should upon notice give way to the overtaking vehicle. Chapter IV, Article II, Section 9
c. Right of Way — Overspeeding is tantamount to forfeiture of the right of way. As a rule, for vehicles approaching an intersection at the same time, the driver of the left vehicle yields to the vehicle on the right.
Lastly, when the vehicular accident results in death or damage to property, the public assumes that the larger vehicle is automatically liable. However, this is wrong. Circumstances are assessed to determine fault/liability. This is where dash cameras prove to be useful. It has a way of recording the speed of the vehicle, route, and actual vehicular accident. It is advised that you secure and install them if you have not yet done so.
The existing presumptions and rules on resolutions of vehicular mishaps so far are as follows:
a. There is a presumption of negligence should he be found to have violated traffic rules at the time of the mishap;
b. A driver is presumed to be negligent if he is found guilty of violating traffic regulations and reckless driving at least twice within two months prior to the current accident.
c. Driving without a license creates a legal presumption of negligence in cases of vehicular mishaps based on Article 2185 of the Civil Code.
d. In cases that both parties are negligent and the other has caused the negligence later than the other or when it is impossible to determine fault, the doctrine of last clear chance applies i.e., the fault lies on the person who had a clear chance to avoid the accident.
e. Negligence arising from the violation of traffic rules in and of itself will not impute liability. The negligence itself must be contributory to the injury suffered.
These are some of the principles that apply in a resolution of traffic accidents. I have cited the bases for some traffic rules but for more in-depth reading, it is suggested to read the entire Chapter IV of the LTTC.
Should you be in such an accident, it is best to keep a cool head and try to settle the same amicably to avoid inconvenience and expense for all parties. However, the best way to avoid these issues altogether is to always drive safely and defensively.
