Strictly for Drivers!

Philippines
October 21, 2008 9:37am CST
Hi. I do not know if this is true in all places. Whether it be a common carrier or private one, drivers are bound by the Doctrine of Last Clear Chance or Doctrine of Discovered Peril. But before further proceeding, let me define terms first. Common Carriers--are persons, corporations, firms or associations engaged in the business of transporting passengers or goods or both, by land, water, or air offering their services to the public. Private Carriers--the exact opposite of a common carrier, for private use. Doctrine of Last Clear Chance or Discovered Peril--connotes that when two vehicles have collided with each other, the one who had the chance or opportunity to prevent the accident shall be liable although the other vehicle was at fault. Example of which is a two-way road, vehicle A has overtaken vehicle B on its front hence taking the other lane. At the opposite side, vehicle C is approaching but its driver say that there is a vehicle on its lane. Nevertheless vehicle C, instead of slowing down, drove fast believing that vehicle A should get off his lane. But unfortunately, vehicle A did not so they collided. Vehicle A is at fault because he is at the wrong lane but Vehicle C is liable because he had the chance to avoid the peril but did not do so. Tha rationale of this doctrine is the primacy of life and safety. It seeks to prevent damage to property, injury or loss of life. Does this seem fair to you.?
1 response
@BubblyIan (750)
21 Oct 08
Yes it does seem fair. I think the nearest example in UK law would be the principle of contributory negligence. In the example you gave, it is likely that vehicle C would be contributory negligent in not taking reasonable precautions to avoid the collision. Another good example is somebody who is drunk trying to cross the road. The person is so drunk that they do not look to see whether the lights are in their favour. The person crosses when the red man is showing and gets hit by a car driving through the green light - who is liable?