If you are riding a bus along EDSA and suddenly, due to the recklessness of the driver, you are injured, what case or cases would you file? Who would be liable the driver or the bus operator?
The possible cases that you may file are culpa contractual and culpa criminal.
First, culpa contractual is based on the contract between the bus operator and the passenger. Upon riding the bus, there is already a contract between the bus operator and the passenger that the passenger would be transported to his destination with outmost care. When a passenger is injured or did not reach his destination unharmed, there is already a breach of contract between the operator and the passenger. In this case, the passenger has a cause of action against the bus operator but not upon the driver, since the driver merely acts as an agent of the operator.
Secondly, culpa criminal is based on reckless imprudence resulting to physical injuries. This case would be against the driver since it is his direct act that causes the injury. In this manner, the driver would be liable for the civil liability like payment of damages. However, the operator of the bus is subsidiary liable for the payment of civil liability in case the driver is insolvent. Corollary, it is but necessary for the operator to provide competent counsels for his employees since in protecting the rights of his employee, he is also protecting his rights.
Sunday, July 03, 2005
Sunday, May 22, 2005
UP TO WHAT EXTENT CAN YOU HELD YOUR CAR INSURANCE (TPL) LIABLE
UP TO WHAT EXTENT CAN YOU HELD YOUR CAR INSURANCE (TPL) LIABLE?
This is only my opinion on the topic at hand. Take care and enjoy! God Bless!
Losses in traffic accidents have now become a social problem affecting public interest. Financial assistance or restitution must be reasonably extended to the victims regardless of the financial capability of motor vehicle owners or operators inflicting such losses.
In response to this, under the insurance law, it is already a prerequisite to registration of motor vehicles to be covered by sufficient insurance to answer for whatever losses such vehicle might inflict to passenger or third-party. For owners of private motor vehicles an insurance policy against third-party liability for death or bodily injuries is required. Moreover, for operators of land transportation or motor vehicles used to transport passengers for compensation like jeepneys and buses, additional passenger insurance is required (Insurance Code, Sec. 377).
Third Party Liability (TPL), in its general sense unless otherwise stipulated, means indemnifying for death or bodily injuries of persons other than the owner, driver, or its passenger. When the driver meet an accident, for instance, whereby he injures himself, he cannot claim from the TPL Insurance the cost for his hospitalization. However, when during the accident, he injured a man crossing the street, the driver may claim from the TPL Insurance for the indemnity.
It must be understood that damage to property like scratches, misplaced bumper, broken headlights are not within the scope of TPL insurance. PD 1814 dated January 16, 1982 deleted property damage from compulsory insurance. Again, only injuries or death to third persons are included in TPL insurance.
This is only my opinion on the topic at hand. Take care and enjoy! God Bless!
Losses in traffic accidents have now become a social problem affecting public interest. Financial assistance or restitution must be reasonably extended to the victims regardless of the financial capability of motor vehicle owners or operators inflicting such losses.
In response to this, under the insurance law, it is already a prerequisite to registration of motor vehicles to be covered by sufficient insurance to answer for whatever losses such vehicle might inflict to passenger or third-party. For owners of private motor vehicles an insurance policy against third-party liability for death or bodily injuries is required. Moreover, for operators of land transportation or motor vehicles used to transport passengers for compensation like jeepneys and buses, additional passenger insurance is required (Insurance Code, Sec. 377).
Third Party Liability (TPL), in its general sense unless otherwise stipulated, means indemnifying for death or bodily injuries of persons other than the owner, driver, or its passenger. When the driver meet an accident, for instance, whereby he injures himself, he cannot claim from the TPL Insurance the cost for his hospitalization. However, when during the accident, he injured a man crossing the street, the driver may claim from the TPL Insurance for the indemnity.
It must be understood that damage to property like scratches, misplaced bumper, broken headlights are not within the scope of TPL insurance. PD 1814 dated January 16, 1982 deleted property damage from compulsory insurance. Again, only injuries or death to third persons are included in TPL insurance.
Monday, March 21, 2005
Safety of Passengers on Jeepney and Bus
Whether street road or highway, the road has been a peril to the commuters not only in the metro but also in suburbs. The reckless jeepneys, which alight and load passengers in the middle of the road, or while moving, seems to be not deterred by the accident it has been posing to its passengers.
As a rule, common carriers like jeepneys and bus are bound to carry its passengers safely as far as human care or foresight can provide, using the outmost diligence of very cautious persons, with a due regard for all the circumstances (ART. 1755 CC). A simple scrutiny of the provision above, it could be established that jeepneys and bus must not only provide ordinary careful over its passenger, but rather must be EXTRAordinary careful. In the event that the passenger suffers injury, or does not reach his destination safely, he has a cause of action against the common carrier.
Passengers Alighting or Boarding in a Moving Vehicle
It has already been a matter of common experience that passengers board and alight from jeepneys slowly moving. The jeepneys, in order to have more passengers, do not stop when a passenger signals to alight, but rather it slow its phase and greedily accelerates on the gas as soon as it can. When injury or accident occurs, the driver is presumed to be at fault since, being a matter of common experience; it can not be argued that the driver or conductor is unaware of such ordinary practice. The victim, by stepping and standing on the platform of the bus or jeep, is already considered a passenger and is considered a passenger and is entitled to all the rights and protection pertaining to such a contractual relation (see Dangwa Trans v. CA, 202 SCRA 574).
Passengers Alighting in a Non-Moving Vehicle
When the bus is not in motion, there is no necessity, for a person who wants to ride the same, to signal his intention to board. A bus or jeepneys, once it stops, is in effect making a continuous offer to commuters. Hence, it becomes the duty of the driver and the conductor, every time the bus stops, to do no act that would have the effect of increasing the peril to a passenger while he was attempting to board the bus or jeepney. The premature acceleration of the bus is a breach of the common carriers’ duty.
In this regard, it is very clear that jeepneys and buses are given an important duty to take care of passengers. Common carriers, being vested with public interest, must exercise outmost diligence and care to provide safety to people.
Whether street road or highway, the road has been a peril to the commuters not only in the metro but also in suburbs. The reckless jeepneys, which alight and load passengers in the middle of the road, or while moving, seems to be not deterred by the accident it has been posing to its passengers.
As a rule, common carriers like jeepneys and bus are bound to carry its passengers safely as far as human care or foresight can provide, using the outmost diligence of very cautious persons, with a due regard for all the circumstances (ART. 1755 CC). A simple scrutiny of the provision above, it could be established that jeepneys and bus must not only provide ordinary careful over its passenger, but rather must be EXTRAordinary careful. In the event that the passenger suffers injury, or does not reach his destination safely, he has a cause of action against the common carrier.
Passengers Alighting or Boarding in a Moving Vehicle
It has already been a matter of common experience that passengers board and alight from jeepneys slowly moving. The jeepneys, in order to have more passengers, do not stop when a passenger signals to alight, but rather it slow its phase and greedily accelerates on the gas as soon as it can. When injury or accident occurs, the driver is presumed to be at fault since, being a matter of common experience; it can not be argued that the driver or conductor is unaware of such ordinary practice. The victim, by stepping and standing on the platform of the bus or jeep, is already considered a passenger and is considered a passenger and is entitled to all the rights and protection pertaining to such a contractual relation (see Dangwa Trans v. CA, 202 SCRA 574).
Passengers Alighting in a Non-Moving Vehicle
When the bus is not in motion, there is no necessity, for a person who wants to ride the same, to signal his intention to board. A bus or jeepneys, once it stops, is in effect making a continuous offer to commuters. Hence, it becomes the duty of the driver and the conductor, every time the bus stops, to do no act that would have the effect of increasing the peril to a passenger while he was attempting to board the bus or jeepney. The premature acceleration of the bus is a breach of the common carriers’ duty.
In this regard, it is very clear that jeepneys and buses are given an important duty to take care of passengers. Common carriers, being vested with public interest, must exercise outmost diligence and care to provide safety to people.
Subscribe to:
Posts (Atom)