The pedestrian’s right of way
The following article appears on today’s opinion page of Manila Standard Today.
We were on our way home on Sunday evening. In a quiet section of Antipolo about 10 minutes from our house, there was a man walking in the middle of the street. My husband honked his horn but the man barely moved toward the sidewalk. He even had the audacity to glare at us.
My husband started to rant—about the attitude of pedestrians, the arbitrary presumption in case of accident that the driver is at fault and, in general, the obvious obsolescence of our laws on transportation, torts and quasi-delict.
There is no contract, implied or otherwise, between the driver of a vehicle and a pedestrian. Criminal liability aside (that’s a different discussion altogether), it’s a case of quasi-delict. In order for an injured pedestrian to recover anything from the driver of the vehicle that hit him, there must be evidence of negligence at the very least. The problem is that there is a prima facie presumption that the driver is negligent. If there is contributory negligence on the part of the pedestrian, the presumption becomes highly rebuttable. But what will constitute contributory negligence?
Let’s use as an example the man who was walking in the middle of the street on Sunday evening. It was a quiet residential street, very few vehicles pass by, there is a sidewalk and the sidewalk is neither under water nor populated by vendors. Therefore, had an accident occurred, if we consider the physical location of the man, his negligence is more than obvious.
What if he was drunk? We see drunks crossing streets every day. What if it were a child? We see very young children crossing streets without any adult accompanying them. In fact, in depressed neighborhoods, children play on the streets and they don’t even bother checking the road for approaching vehicles when they run after their balls or their playmates.
There was this case of a 19-year-old girl who got hit by a car along España Avenue in Manila. It was a green light but the girl crossed the street anyway. The driver, as any decent human being would have done, brought the girl to the nearby UST hospital. From the time the driver got out of his car after hitting the girl to the time they reached the hospital, the girl talked and shouted incessantly and incoherently. She did not respond when asked questions; she did not say where it hurt. The doctors were worried that she suffered a head injury and had become delusional. A CT scan was ordered along with the x-rays. The driver paid for everything. The CT scan showed nothing was wrong and the x-rays were fine.
When the girl’s father arrived at the hospital, he was shouting invectives and threatening the driver with a lawsuit because, according to him, the accident had rendered his daughter mentally damaged. If the driver had allowed fear to overcome him, and this is often the case with new drivers especially those involved in a road accident for the first time, he would have agreed to everything that the father demanded. The father was demanding a lot of money, not just up front but for an indefinite time until his daughter was cured.
The driver agreed to nothing, got himself a lawyer who hired a good investigator. Neighbors and acquaintances of the girl’s family were interviewed and asked to sign affidavits. It turned out that the girl was mentally unstable and had been that way since childhood. The father was an extortionist, pure and simple.
When I first heard about this case, I suggested that the driver sue the girl’s father and make him pay for the dented car. I was deadly serious with that advice. He was the one who had been negligent for allowing his mentally unstable daughter to roam the streets without proper supervision, posing danger not only to herself, but to others as well. Perhaps, he was even using her as bait for his extortion schemes. So, no, I wasn’t kidding when I gave that advice. But the driver wasn’t my client and it wasn’t my call.
In a society of law-abiding citizens, the presumption of negligence against a vehicle driver might be understandable and justified. But look at the streets of Metro Manila. Look at how pedestrians rip off the cyclone wires on center islands just to be able to cross without need to walk the distance to the nearest pedestrian crossing. And this isn’t even something that cropped up only recently.
Back in the UP College of Law, in insurance class, our professor commented—with justified sarcasm, as far as I was concerned—how he would love to make a test case out of the hard-headed pedestrians who seemed to draw their brazen attitude from the belief that they were beyond blame and liability because “the pedestrian always has the right of way.”
Now, let’s go back to the man who was walking in the middle of the street. Let’s modify the circumstances. Let’s say it was daytime and the sidewalk and outer lane of the street were so full of vendors and their wares that the poor pedestrian really had no choice but to walk near the middle of the street. If he got him by one of the dozens of taxis, jeepneys and buses cutting through one another, is there contributory negligence on the part of the pedestrian?
Relate that with the case of the 19-year-old girl who got hit by a car along España Avenue. The accident would not have happened had her parents not been negligent in watching over her. What about the pedestrian who had no choice but to walk near the middle of the streets because of the presence of vendors? Whose negligence would it be if he got hit by a vehicle?
I don’t think I need to point it out but I will anyway just to drive the knife in. It is the negligence and ineptitude of the government that is the true cause of many road accidents. From the failure to create sidewalks and keep them free for the exclusive use of pedestrians to the inability to apprehend and discipline jaywalkers to the failure to review the laws and to amend them to conform with today’s realities.
A third of what’s been written about me is true, a third is half-true and the rest consists of drug-induced hallucinations. I suppose I’d better let me, rather than them, tell you 
18 responses to "The pedestrian’s right of way"
one of my greatest fears in driving is that I get to injure someone. worse is being prey to some extortionist who would pose as a victim and suck your blood dry. hope that never happens to me or anyone.
These are very helpful infos. Not too many know the law - be they drivers or pedestrians. Thanks.
I usually throw dirty fingers nowadays not at fellow drivers, but at pedestrians.
At night I’ve also developed the “skill” of turning off the headlights, sneaking up the car silently behind a pedestrian walking in the middle of the road very slowly, and just when the car is a foot or two behind the person, immediately highbeam the headlights and honk horns like mad, scaring the bejeezus out of the pedestrian.
Of course the pedestrian would then curse and rant, but not before I have a good laugh.
you’re being bad Jon Limjap. Tao pa rin mga yun. They just need to be properly educated.
Something similar happened to me way back. I was driving along the side streets of Quiapo and this guy was in the middle of the road. I honked and he too glared at me. That didn’t stop me from honking though. When he finally relented I plowed through. However, he took a slight step back just enough for me to nick him on one side of his butt. Again he glared and I glared back. I opened my window and pointed to the sidewalk. And in my most colorful colloquial verse I told him what the sidewalk was for. I guess naunahan ko lang kasi umiling-iling lang siya. And as I drove away I flashed him the bird just for good measure.
Come to think of it, nobody enforces any laws on pedestrians if there are any laws to begin with. And what about those overpasses..eh ginagawa lang palenke.
Two words to always keep in mind, jon: Heart and attack. Seriously, stop that trick. It’s all fun and games until someone dies. Dirty fingers will suffice. Although I suggest you not try that in our old neighborhood.
Im a pedestrian and I keep to the sidewalks and zebra crossings whenever I can. Except this one time when we were in a private subdivision and some schmuck driving a car was speeding through the streets there where kids were playing. My friend and I moved from the sides to the middle of the road, stopped and glared at the driver who was forced to stop. He got the point and never did it again. (Although if he were crazy, he couldve killed us.
)
actually, it’s not just the pedestrian but also motorcycle riders that need to be disciplined in some way… there was an incident wherein a motorcycle rider WITHOUT any helmet rammed thru the ten-wheeler truck of my bro-in-law that was PARKED at the side of the road, outside their gate & was NOT in any way blocking the main thoroughfare….. since there was a slight traffic jam, the rider was trying to overtake the other vehicles… since he didn’t have any helmet, he died! the family even have the gall to sue my bro-in-law and ask for funeral cost PLUS P500,000!!!!!! hay naku….
Kongkong, re pedestrian overpasses. Oh, how true! From the stairs to the tubes, vendors galore.
Eilyn, I agree. Overcrowded motorcycles (scooters, especially, with Father, Mother, Ate, Kuya and Baby all squeezed in and all without helmets), mga sabit sa jeepneys, overloaded tricycles…
There used to be public service commercials on TV… one was a parent who crossed the street when it was a red light for pedestrians and there was a voice over about how we set examples to our kids and the kids learning the wrong things… I haven’t seen those commercials lately.
It’s been told again and again how Filipinos are law-abiding abroad than they are in the Philippines. It’s because their government enforced their law properly. Here, you’ll be fined for not wearing a safety belt or talking in your cell phone while driving. E sa atin, “Bahala na”, “Palusot” and “Lagay” mentality is still the norm.
In my hometown, it’s not the pedestrians but the tricycle drivers who are the problem. Basta marunong magpatakbo ng motor, kahit mang-mang, binibigyan nang license ng LTO. I almost hit one when he suddenly made a u-turn in front of me. Galit pa. He said he signaled. Is raising your left leg sideway considered a traffic signal to u-turn?
rose z, jeg,
Education and fear are both moot issues if you’re talking about kids who have no one to educate them — you know, kids you see in the same place at the same time of night doing the same thing at the same place along the same street in your neighborhood. I never do that to old ladies, mind you. I’ve found that it’s an effective reminder to these kinds of people especially when after a few months of catching them at it they’ve become weary of the slightest hint of a humming engine coming their way.
I’ve already had my share of experiences when a tire ran over the foot of an old man who slipped just when I was passing by him — and I was just driving by at less than 10 mph. I know how those things happen.
BlogusVox, re “In my hometown, it’s not the pedestrians but the tricycle drivers who are the problem.”
I think that’s a problem in EVERY hometown.
Jon, re” Education and fear are both moot issues…”
I don’t take the attitude either that kids’ actions and misdeeds should be tolerated simply because they are kids. Some children start their criminal careers far too early and the first step for most is by becoming habitues of the streets, brazen, self-centered and respecting no reason nor rights but their own. Easy to say it’s the parents’ fault but if we always take that attitude, every adult would be blameless because “they are just the product of their upbringing.”
Very timely article Connie…or just a coincidence…last Sunday, Jan 20, we spent most of the day going back and forth from hospital to the police station here in our place…Here’s the story,,,
Around 9:30am my wife got a call from her sister who is from Lucena going to Manila , that they figured in an accident near our place in Calamba…a pedestrian hit their van and broke a leg! yes, you got that right, the pedestrian in all excitement to cross the other side of the highway run towards the other side on a green light ramming his shoulder on the Avanza side mirror breaking it and causing a huge dent on the side in effect since the van is also moving (as it was a green light) caused the guy to tumble breaking his left leg…so they brought the guy to the hospital , while the police investigator told them to get a police report near our place.
The pedestrian acknowledged that he ran towards the other side without looking at his left and the incoming vehicle and the van driver did not see this guy either ..they just heard a loud thug and saw a flash of plastered face on the passenger window… guess why?
There are 2 jeepneys in the pedestrian lane waiting for passengers blocking the sight of the crossing guy to the left and also becoming a blind corner to the van driver…
This is practically the ways of most stupid public transport drivers …loading and unloading or waiting passengers in the pedestrian lane, in effect causing traffic jams and accidents…
I must say the van driver (hired by sis in law) maybe at fault as well as he did not assume somebody maybe crossing the ped lane from the jeepney blocked-corner…but it was a green light …and the other factor that caused this freak accident is there are people in the other side of the lane crossing the green light towards the guy that hit them , even it was a green light because there are no other vehicle on the opposite direction…we see people doing this , they just stop in the middle! so the guy thought it was ok to cross the road as he saw the people on the other side going to him crossing as well…that part is a 4 lane h-way (2 on each side) and to add salt to injury…there is a new pedestrian overpass nearby but nobody use it because it is a little far from the intersection and the jeepney stops…
Sis in law paid for the expenses in the hospital, plus cement casting of the left leg of the guy..plus some money..cancelled their Manila schedule , ruined their day, as it was already late in the pm…(police report and investigation took a long time, then we waited for the guys father to arrive from Batangas as well) although guy acknowledge it was his fault too …in this case the guy is in the pedestrian lane, the driver maybe at fault as well.. what do you think?
Lesson learned , a driver should always assume that even on a green light, there is some stupid person ,in front of the stupid parked jeepney (causing a blind corner ), in each useless pedestrian lane , that would dash to the other side..so watch out!!!
Personally, if I were the driver, I’d bring the guy to the hospital but refuse to pay for anything. A few years ago, my husband was driving and this delivery guy of McDonald’s if I remember correctly rammed into us. We brought him to the hospital, the hospital asked my husband to sign a document under “person responsible” and I said NO WAY. These hospitals will make you guilty — providing documentary evidence — without your knowing it. If it’s the pedestrian’s fault, the driver is already being too kind bringing him to the hospital. If he’s outstandingly kind, he can even get call the guy’s family. But that’s that.
WHO is negligent will always be a question of fact and each party will have his own interpretation of how things happened. If you’re convinced you’re free from fault, pay nothing, settle nothing.
Whenever we go home past rush hour, the highway we travel is somewhat high-speed (matter of fact drag racing cars can be heard during the wee hours every Saturday) and hubby loves to step on the gas so we can be home asap. Whaddaya know, some people just love to play patintero even if there is a huge pink foot bridge where they are supposed to cross. Grrr..
Isama mo na diyan ang mga motorcycle at bike riders who just love to make singit through small gaps in the concrete barriers. Why? Because they think its easier and faster than having to make a u-turn a few meters away. Yeah right, easier and faster way to getting themselves and others injured. Kakapikon talaga. Oh,sorry for not acknowledging those who just love to wait for their rides not on the designated areas but almost in the middle of the road.
Re Jon: what you do was what hubby’s family driver used to do with those “walking in the park” walk on the middle of a busy road.
This is the same op-ed that you have in MS and at the same time right beside it is an interesting news- Road mishaps rise due to two-wheelers. For me, these uneducated pedestrians and two-wheelers are of the same species.
I agree with Jon on how to deal with these uneducated pedestrians.
Mga Pinoy parating nagmamadaling tumawid (parang mga nakawalang tyanak) pero sa trabaho ang kupad! (/sarc on)
usually during incident of collision with pedestrian, it is always a Police Investigation First to assertain fault from circumstances and available witnesses. police will first determine if there was Traffic infractions on part of the driver or pedestrian and usually the pedestrian is check by the medical personnel for necessary medical attention..
BTW Sassy, check this out if this New Anti racing law we have here called by some experts punishment before conviction, but was enacted anyways, not challenged yet: Drivers stopped for going over 50 Kms. over limit automatically suspended for 7 days. Cars towed and impounded for 7days..many kids cried when their moms car were impounded … if convicted minimum fines of 5 grand…this was enacted when two teenage kids drag raced with their parents mb and t-boned a taxi and killed its driver…
Also when you feel the road condition is unsafe, you can always call city hall and they will send someone to check your concern. I did, and after their study, they told me the cars in front of our residence were just speeding, so they told me they’ll keep monitoring the traffic and catch the speeders until motorists behave, now its safe…and cops still patrolling the streets day and night..good revenue…
Vic, over and beyond the obsolescence of some laws, there is the problem of implementation. I really don’t think there is any need for an anti racing law when speed limits are set for almost every street.
Re city hall. Good for you. But that hardly applies here.
I need to catch up. I missed some of your posts because my feed reader is still set up the old way (sassylawyer.com).
Will update soon. Nice read btw
Great, Isagani! This is really more fun (all-politics can be stressful). And I’m using Feedreader for this blog now.
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