Why is the truck driver in jail???

[scott h]

8 hours ago, Lee said:

So what is the next step if the innocent driver doesn't have any money? Someone has to pay.

One of the things I found incomprehensible here, is like in South Korea, even if you have an accident and are at fault (i.e. broke a traffic law and are criminally liable) if you reach a settlement with the injured party the legal system will just say "Ok! everybody happy? Good, lets wrap this up and go have a beer!" 

[Gator]

14 hours ago, Lee said:

The Philippine legal concept of reckless imprudence may be applying here.

As it is often used, someone other than the scooter drivers has to pay damages even if the scooter driver was at fault. The scooter driver is probably broke---the truck driver or the company that he works for is perceived as having money. Follow the money.   

The idea of the driver having to accept responsibility for his own actions doesn't fit in the everyone is a victim mentality often seen here.

You’re forgetting the scooter driver is a foreigner. Logic here is that all foreigners are rich so she can afford to pay; and pay handsomely including to the police for conducting an investigation. Then there also the logic here that if the truck driver wasn’t there then the crash wouldn’t have happened. So better to hold him in jail until the investigation is completed. 

[hk blues]

5 hours ago, Gator said:

You’re forgetting the scooter driver is a foreigner. Logic here is that all foreigners are rich so she can afford to pay; and pay handsomely including to the police for conducting an investigation. Then there also the logic here that if the truck driver wasn’t there then the crash wouldn’t have happened. So better to hold him in jail until the investigation is completed. 

It's all a bit mixed up though, isn't it?  The scooter driver, the foreigner, isn't in jail (maybe because she's still in hospital?) but the local driver, apparently the innocent party, is.  Much of this contradicts what we all believe to be the case here when there is an accident. 

[Lee]

   Motorcycle rider attempting counterflow along Skyway in Balintawak killed

Quote

 

A motorcycle rider was killed after he attempted to counterflowalong the Balintawak portion of the Skyway Stage 3 in Quezon City, according to a report by Ian Cruz on 24 Oras on Monday.

In a statement from Skyway management, it was Sunday morning when a motorcycle rider from A. Bonifacio Avenue entered the northbound off ramp to the North Luzon Expressway at a fast clip.

Skyway said their personnel attempted to prevent the rider from continuing but said the motorcycle was moving too fast at 80 kilometers per hour. The maximum speed along Skyway Stage 3 is 60 kph. 

The rider of the 150cc motorcycle was thrown from his vehicle after it collided head on with an Asian Utility Vehicle (AUV) at 6:12 a.m.

Investigation showed the motorcycle rider was intoxicated. He was rushed to a hospital but died 12 hours later.

Police Capt. Jun Cornelio Estrellan, Chief of Highway Patrol Group-SLEX-Sub-Office said the rider was not wearing a helmet nor in possession of a driver’s license at the time of the accident.

The AUV driver sustained injuries and despite having right of way, is also facing a complaint from the HPG before the Quezon City Prosecutor’s Office.

The family of the late rider, however, has submitted an Affidavit of Desistance.

Authorities reminded motorists that only motorcycles with 400cc engines are allowed in expressways.

GMA Integrated News reached out to both parties in the accident but they have declined to comment.

Police said the rider would have faced several charges had he survived the mishap.—RF, GMA Integrated News 

 

Motorcycle rider attempting counterflow along Skyway in Balintawak killed (msn.com)

[scott h]

2 minutes ago, Lee said:

is also facing a complaint from the HPG before the Quezon City Prosecutor’s Office.

We all know that the Filipino use of the English language differs from how we use words in Britian, Oz and the US. 

I believe what they mean is that anytime there is an unnatural death that involves a second person, the police must, after they conclude the investigation, forward the results to the prosecutor who determines if charges should be filed.

6 minutes ago, Lee said:

The family of the late rider, however, has submitted an Affidavit of Desistance.

When this is included, along with the obvious evidence no charges will be brought. They are just dotting the I's and crossing the T's but just dont explain it very well 

[Lee]

2 hours ago, Lee said:

is also facing a complaint from the HPG before the Quezon City Prosecutor’s Office.

Typically it costs the not at fault driver 80K Php and lawyers fees to extricate himself of charges when someone is killed. 

Speeding, no DL, drunk driving, no helmet, and counterflowing mean nothing when trying to shakedown someone for cash.

[KC813]

This topic was mentioned a few years ago on this site so I started reading news articles closer when there is an accident involving fatalities.  Almost every article mentioned that the 'other' driver -- usually not at fault -- was taken into custody.  Some also mentioned that the person was released after meeting with the family of the deceased.

There was an article one or two months ago about a motorcyclist dying after ramming the rear of a large truck stationary in traffic.  You cannot get less at-fault then that, but of course, the truck driver was held overnight.  There is no reason an investigation of obvious error accidents cannot be concluded at the scene.  

 

[scott h]

1 hour ago, KC813 said:

There is no reason an investigation of obvious error accidents cannot be concluded at the scene.  

That is because you are applying your American (western) sense of logic and ideal of efficiency to a straightforward problem.  Lots of things here dont follow logic. Think that right now there is a super rich pastor accused of sexual crimes both here and in the states. But he is in "hiding."  

I can imagine how this became the norm here in an imaginary scenario.

Police chief: So young officer, why is this report on this traffic accident not complete?"

Officer: Sir, we requested that the driver come to the station and sign the final report, he did not show up

chief: Well, go to his house have him sign it or bring him in!

Officer: Sir, we went to his home of record, He was not home, and no one knows where he is, none of the neighbors know where he is or when he might be back. Some think he moved back to the province. 

chief: Well crap, if I dont get this report to HQ fast, I am going to get my butt reamed. From now on just bring all the parties to the station until the paper work is done! YOU GOT THAT NEWBIE!

Officer: YES SIR!

[Clermont]

1 hour ago, scott h said:

chief: Well crap, if I dont get this report to HQ fast, I am going to get my butt reamed

The wife’s got two nephews that are police and you are right.