This makes no sense to me

[Mike J]

Motorcycle crosses over into oncoming lane and runs headlong into the bus.  Both riders are killed.  Why in the bus driver in Jail and facing charges.  

https://cebudailynews.inquirer.net/521993/mother-and-son-killed-in-barili-motorcycle-accident

CEBU CITY, Philippines – A mother and son died after the motorcycle they were riding crashed into a passenger bus along the national highway in Barangay Minolos, Barili town, southwestern Cebu on early Tuesday morning, August 15, 2023.

The police report showed that the incident occurred at around 5:10 a.m.  The victims were identified by police as Beby Maambong, and his mother, Nancy Maambong. Both are residents of Labangon Santa Lucia, Asturias town, Cebu.

READ MORE: Driving a motorcycle? Here are some tips to ride safely

Police Major Janus Giangan, chief of Barili Police Station, stated in his report that the victims were traveling south from Asturias Cebu towards Dumanjug.

Meanwhile, the bus was traveling northbound on the opposite direction to Cebu City coming from Moalboal.

The driver of the bus was identified by police as Roldan Sestoso Niere, 45, a resident of El Pardo, Boljoon, Cebu.
According to the initial investigation, the motorcycle encroached the opposite lane at the place of the accident and crashed head on into the bus.

Police Staff Sergeant Carlos Dicdican, investigator in charge, told CDN Digital in a phone interview that both the motorcycle driver and his back rider sustained serious physical injuries on their heads, which caused their demise.

He added that there were no witnesses in the area who saw what happened. However, they are not discounting the possibility that the driver lost control of the vehicle due to fatigue.

The two individuals were immediately rushed to the Barili District Hospital by the responding emergency team but was declared dead on arrival by the attending physician, Dr. Jose Moses Amodia.

Dicdican added that Niere is detained at the Barili Police Station pending for proper disposition.

While the victims are temporarily at the morgue of the Barili District Hospital while waiting for relatives to claim their bodies.

Dicdican said that the suspect will be facing charges of reckless imprudence resulting to multiple homicide and damage to property.

 

[Lee1154]

It does not make sense to me either.

[Dave Hounddriver]

Responsibility for an accidently is seldom 100% the fault of one of the drivers.  They must have reason to believe the bus driver was doing something wrong that contributed to the accident.  After all, it is not illegal for a motorcycle to pass using the oncoming lane.  In one example I can think of, the bus driver may have been going faster than the speed limit such that the motorcycle had less time to pass than he thought.

[gbmmbg]

Article 1756, New Civil Code – In case of death or injuries of passengers, common carriers are presumed to have been at fault or acted negligently, unless they prove that they observed extraordinary diligence prescribed in Articles 1733 and 1755.

Article 2185, New Civil Code – Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if, at the time of the mishap, he was violating any traffic regulation.

 

So it is always going to be the bus drivers fault. things that make you go HMMM?

 

Edited August 16, 2023 by gbmmbg

[scott h]

Years ago I asked a cop about this type of thing, where if a person is not at fault they always seem to be taken into custody.

His reply was that if they did not, the chances of ever being able to locate the driver or that the driver will go to the police station so that they can finish all the paperwork are so low, that they just haul them down to the cop shop until the paperwork is done.

Sound plausible in a Filipino sort of way 

[Gator]

5 minutes ago, scott h said:

His reply was that if they did not, the chances of ever being able to locate the driver or that the driver will go to the police station so that they can finish all the paperwork are so low, that they just haul them down to the cop shop until the paperwork is done.

That was my line of thinking as well. Plus, and I don’t know if it’s the law here or not, but one would presume that in crashes involving serious body injury and / or death, the driver of a commercial vehicle would be detained to perform tests for drug and alcohol usage / impairment. 

[Freebie]

11 minutes ago, Gator said:

the driver of a commercial vehicle would be detained to perform tests for drug and alcohol usage / impairment. 

They usually run away !

[jimeve]

My wife was in a no fault accident yesterday. She was in the left lane waiting to make a left turn indicating to turn left. a motorbike with 3 other passengers riding including a baby overtook on the left with double yellow lines meaning no overtaking then lost control and crashed not colliding with anyone he started to blaming my wife. Police come and statements were made and made a blater at the police station.

After talks, my wife said she would help the reckless driver to repair his bike and pay for hospital treatment and meds.

When I found out I was very angry and told the wife not to give anything but she did. I stormed into the police station and said I'm going to get a lawyer, they said up to you Sir.

Wife already saw some bruising and old scratches that was old. I think these people scammed my wife.

 

[hk blues]

12 minutes ago, jimeve said:

My wife was in a no fault accident yesterday. She was in the left lane waiting to make a left turn indicating to turn left. a motorbike with 3 other passengers riding including a baby overtook on the left with double yellow lines meaning no overtaking then lost control and crashed not colliding with anyone he started to blaming my wife. Police come and statements were made and made a blater at the police station.

After talks, my wife said she would help the reckless driver to repair his bike and pay for hospital treatment and meds.

When I found out I was very angry and told the wife not to give anything but she did. I stormed into the police station and said I'm going to get a lawyer, they said up to you Sir.

Wife already saw some bruising and old scratches that was old. I think these people scammed my wife.

 

I was in a no-fault accident a month back - there was heavy traffic at a junction, 4 lanes where there are supposed to be 2, motorcycles zipping in and out as well as tricycles and tricycads squeezing in and out of impossible spaces - you all know what I mean.  Anyway, the inevitable happened and I was rear ended by a tricycle who had been shunted into me by another car.  Luckily, this happened literally at the entrance to the police station and there were several cops who witnessed it.  Despite this, the car driver tried to push the blame onto the tricycle - the on-duty traffic cop listened patiently to his story and then simply said something to the effect that the accident was 100% your fault as you rear ended the tricycle.  We had to get all the necessary docs together and went the next day to finalise - the son-in-law started to question  me about what type of licence I had, what my visa status was, how long I'd lived here etc.  All to no avail and they settled the damage in cash the next day.

So, even a foreigner here can get justice.   

[gbmmbg]

You never know how an accident will work out here. 4 years ago I was driving south to Alcoy when I needed to turn left. I put on my blinker and slowed down and started to turn. Before I got a foot into the next lane I was hit by a toyota suv. It scraped my left front end but no big deal, it was my old vios. The new SUV had scraps down the whole  right side. When the driver got out, older filipino, he started to apologize. After a minute or so a young woman rolled down the passenger window and asked how long this was going to take. Looking at him and her I'm sure it was not his wife so I laughed a little and told him it's OK no reason to call the police. He thanked me and handed me his card and said if I ever need a favor just call. I had no idea who he was until I looked him up on the internet. Can't say who he was but he plays a big part in my favorite beer here in the Philippines.