Law involving accidents caused by 'kamote drivers' proposed | ABS-CBN

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Law involving accidents caused by 'kamote drivers' proposed

Law involving accidents caused by 'kamote drivers' proposed

Vivienne Gulla,

ABS-CBN News

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A measure seeking to protect responsible drivers from detention when they figure in an accident caused by so-called “kamote” or reckless drivers is filed at the House of Representatives.

 House Bill 10679, authored by Representatives Margarita Nograles and Cheeno Almario, prohibits the detention of motor vehicle drivers who can provide sufficient proof of “defensive driving” in a traffic accident.

“Because of the seemingly unjust detention of innocent drivers, public clamor calls for the reformation of procedure in case of accidents. Thus, this bill proposes to do away with the detention of drivers involved in vehicular accidents if he or she can provide, on the spot and at the scene of the crime, evidence of his or her defensive driving,” Nograles and Almario said in the bill’s explanatory note.

 “It must be noted, however, that this bill does not intend to absolve the drivers of their liabilities, whether civil or criminal, but merely to save them from unnecessary mental anguish, physical, or even financial suffering arising from detention,” they added.

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The bill’s authors cited an incident last March 11, when a motorcycle driver was killed after he attempted to counterflow along Skyway Stage 3 in Quezon City.

Among the proof cited in the bill, which drivers can present, are dashcam or other videos, or CCTV footage, showing that they did not violate any traffic law before and during the incident. 

The arresting officer, however, will still have the authority to acquire and process the personal information, and impound the vehicle of the driver involved in the accident. 

The measure also states that the driver shall not be exonerated from liability in the traffic incident, based solely on the evidence provided in the bill. 

“Any other person who suffered injury to himself or his property, or the heirs of the person who died due to the incident shall have the right to pursue all other legal remedies available to them,” it said.

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