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Vehicular Accident involving unregistered Vehicle (Victim)

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angeli amante


Arresto Menor
Good Day, I am requesting legal advice. My brother was driving a tricycle with a delinquent registration on his way home when a van overtakes on his lane, my brother seeing the van will hit him directly, he immediately tried to go to the shoulder of the road to avoid impact, the van driver instead of driving the other way continued to a head-on collision with the tricycle causing multiple serious physical injury to my brother and damaged the tricycle, The driver of the van was taken in to custody by the police when interviewed by the police he said he fell asleep while driving.My brother was brought to the hospital and was given immediate medical care upon x-ray he was diagnosed with a dislocated ulna bone and a fractured radius bone and fracture to the knee and leg and severed leg muscle damage. I decided to file the case as my brother was told he won't be able to walk for six months and cannot go back to his normal activities until one year of recuperation, he has 3 sons aged 4 and 2 months (twins) respectively and a live-in partner who relies on him for daily support and have no other means of living other than the tricycle which was wrecked. will the unregistered vehicle affect the outcome of the trial? can we request that they pay all medical expenses that my brother will need until he fully recuperates? when i filed the case he posted bail and is a flight risk because he is working abroad will he be able to leave the country?



Last edited by angeli amante on Thu May 29, 2014 3:11 pm; edited 1 time in total (Reason for editing : additional information)

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tsi ming choi


Reclusion Perpetua
angeli amante wrote:will the unregistered vehicle affect the outcome of the trial?

It will only reduce the civil liability of the van driver or van operator/owner because of the presence of contributory negligence commited by your brother in driving an unregistered or non-renewed/expired motor vehicle.

As a rule, motor vehicle owners are presumed negligent, when at the time of mishap, he violated any traffic rules.

angeli amante wrote:
can we request that they pay all medical expenses that my brother will need until he fully recuperates?

Yes, you can request to the van operator/owner.

angeli amante wrote:
when i filed the case he posted bail and is a flight risk because he is working abroad will he be able to leave the country?

As far as criminal aspect is concern, Reckless imprudence is a bailable offense. Thus, the driver may post bail. If he abscond or leave the country, his bail will be forfeited.

However, as far as civil aspect is concern, you can still demand for damages against the driver's employer or van operator despite of physical absence of the van driver.

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