Truck Driver in Jail.....An Answer Maybe?

[scott h]

This is the first time that I can recall in 11 years that I have a follow up story published. Similar case where the motorcycle driver was clearly at fault, caught on cctv, security guard as a witness, as well as the physical evidence, the innocent party was jailed. I will place the relevant info up front before the rest of the article.

Estrellan said they had to file a case against the driver of the Innova as there was a fatality in the road crash.

Rest of the article

 

MANILA, Philippines — The driver of a Toyota Innova multi-purpose vehicle, which collided with a motorcycle rider who counter-flowed on Skyway Stage 3 in Quezon City was released from police custody on Tuesday.

The motorist, a 54-year-old man from San Mateo, Rizal, was freed after the criminal cases filed against him were dismissed, according to Capt. Jun Cornelio Estrellan, chief of the police Highway Patrol Group’s Southern Luzon Expressway sub-office.

The driver was ordered released by the Quezon City prosecutor’s office, which dismissed the cases of reckless imprudence resulting in homicide and damage to property after the family of the motorcycle rider filed an affidavit of desistance.

 

Police said the 22-year-old rider counter-flowed at the northbound off ramp of the Skyway in Balintawak.

The motorcycle collided with the Toyota Innova. A security officer at the Skyway tried to stop the motorcycle, but the driver ignored him and drove off before the fatal crash.

Closed-circuit television footage as well as clips from the Innova’s dashcam video showed the motorcycle rider was the one at fault as he was traveling in the opposite direction.

The rider was also driving a Suzuki Raider, a sub-400cc motorcycle that is not allowed on the expressway.

Police said the rider violated other traffic rules as he was not carrying a driver’s license, had no helmet and was in slippers when the accident took place.

Estrellan said they had to file a case against the driver of the Innova as there was a fatality in the road crash

Driver in Skyway crash freed | Philstar.com

[Possum]

This still makes no practical sense [naturally]. How can a case be filed and a driver held when no law was broken? That's arbitrary detention by definition as it involves the police. Sure he got released but was still held involuntarily.

[Tommy T.]

Well, the Kid on the bike won a posthumous Darwin Award! Sorry for the kid but has been said  here and many other places, "You can't fix stupid."

[hk blues]

8 hours ago, Possum said:

This still makes no practical sense [naturally]. How can a case be filed and a driver held when no law was broken? That's arbitrary detention by definition as it involves the police. Sure he got released but was still held involuntarily.

I couldn't really care less what apparent requirement exists that require the innocent part to have charges filed against him - if such a piece of legislation does exist then it clearly needs to be revised.  Imagine being kept in a local jail cell for 3 days because a drunk driver with no equipment or licence drove the wrong way on a highway and collided with you.  Beyond ridiculous. 

[Lee]

51 minutes ago, hk blues said:

I couldn't really care less what apparent requirement exists that require the innocent part to have charges filed against him - if such a piece of legislation does exist then it clearly needs to be revised. 

REPUBLIC ACT NO. 1790, June 21, 1957

"Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.

[Jack Peterson]

Goodness this is 67 years out of date the latest  constitution is 1987 which deems this Act defunct 

Edited March 14 by Jack Peterson

[fillipino_wannabe]

18 hours ago, scott h said:

The driver was ordered released by the Quezon City prosecutor’s office, which dismissed the cases of reckless imprudence resulting in homicide and damage to property after the family of the motorcycle rider filed an affidavit of desistance.

 

Sounds like he still might of given the family money though based on that.

 

[Lee]

2 hours ago, fillipino_wannabe said:

Sounds like he still might of given the family money though based on that.

No doubt cash was exchanged---at this point it becomes simply a shakedown for money.

So who pays for the damage to the car after the motorcycle slammed into it?

[scott h]

10 minutes ago, Lee said:

-at this point it becomes simply a shakedown for money.

Almost every time a jaywalker crosses in a crazy manner, of a motorcycle does something stupid my wife says

"He is hoping to win the lottery"

[Mike J]

2 hours ago, Lee said:

No doubt cash was exchanged---at this point it becomes simply a shakedown for money.

So who pays for the damage to the car after the motorcycle slammed into it?

The owner of the car will pay for his own repairs, or his insurance if he has full coverage.