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Am I Liable?

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1Am I Liable?  Empty Am I Liable? Wed May 24, 2017 8:14 pm

whichiswhich


Arresto Menor

Hi,

I am wondering. What if a reckless driver crashed into my car and the said driver died upon the accident, and on the other hand, I was driving without a driver's license, assuming that there was no witness to testify against the recklessness of the former, and the only evidence was that his car was found in the wrong lane (opposite lane to where he was driving, my right of way), should I be held liable? Is there any chance that I'll be facing suits such as reckless imprudence resulting to homicide? Driving without license? I am curious to know what will happen to me if I encounter the circumstance described above.

Thank you. Your advice will be appreciated deeply.



Last edited by whichiswhich on Wed May 24, 2017 8:16 pm; edited 1 time in total (Reason for editing : edited the tenses of the verb)

2Am I Liable?  Empty Re: Am I Liable? Wed May 24, 2017 8:23 pm

Jadis

Jadis
Reclusion Perpetua

The success of a criminal case being filed against you is different from whether you will be convicted or otherwise.

There is a presumption of negligence when a person is caught violating traffic rules, but this presumption is easily refutable by what you stated in your set of facts.

3Am I Liable?  Empty Re: Am I Liable? Wed May 24, 2017 9:37 pm

whichiswhich


Arresto Menor

Hello again,

Thank you for your immediate response Jadis, but I'm afraid I have quite a grasp of what you had said. Therefore I looked into some cases and definitions, however, it just caused me a lot of confusion. Does this mean that when the police arrives at the scene, would they ask for my driver's license? And if so happened that I wasn't able to show them my license, what will be the next thing? Lastly, can the heirs of the deceased file a case against me or at least demand for damages?

Thanks again.

4Am I Liable?  Empty Re: Am I Liable? Wed May 24, 2017 9:59 pm

Jadis

Jadis
Reclusion Perpetua

There is really nothing to prevent the heirs to file a case against you.

The success of whatever they file is a different issue.

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