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Traffic accident resulting in a death to motorist.

Who is at fault

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jonahhex


Arresto Menor
Briefly I will explain the facts and the current situation.

Motorist 1 = Trike driver
Motorist 2 = 2 wheel motorcyclist

Location Pangasinan

Motorist 2 was intoxicated, driving in the wrong lane, at night without a headlight and runs into Motorist 1.
Motorist 1 sees the impending crash and turns sharp left, still in his lane at time of impact, having his sidecar take most of the force and damage.
Motorist 1 sustains minor injuries, while Motorist 2 latter dies at the hospital.

This is where I do not understand how Philippine law works (or doesn't work).

Motorist 1 is then arrested and charged with reckless driving.
Motorist 1 is not intoxicated and his vehicle is in working road worthy condition.
Added to the fact that he was not the controlling force or the causing factor of the accident.

Then you add that the family wants money from Motorist 1 due to the death of Motorist 2.
How could that be legal when Motorist 2 is at fault.

It seems like the only reason Motorist 1 is in jail is because he is alive, and they need someone to blame. I do not understand how this this is lawful and I would like to help Motorist 1. What are the laws or statutes that would indemnify Motorist 1 and return him safely to his family?

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jonahhex


Arresto Menor
Does anyone have any information?

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