Counterflowing rider hit oncoming vehicle in Skyway Stage 3

When Skyway Stage 3 was completed a few years ago, it brought relief to hundreds of thousands of motorists coming from both north and south of Metro Manila.

Skyway Stage 3 is like a big overpass on top of Metro Manila where you don’t have to worry about unruly jeepney drivers, tricycles, and riders until your next exit. Unfortunately, yesterday’s incident changed that.

Yesterday, in the early morning hours while the traffic was light and motorists were on their usual Sunday drive, an accident occurred just before reaching the Skyway Stage 3 off-ramp to North Luzon Expressway (NLEX).

The incident involved an underbone (sub-400cc) rider strolling along Skyway Stage 3. But how did the rider get to Skyway Stage 3?

According to the report submitted by enforcers of SMC Tollways – the toll operator of Skyway Stage 3 – the underbone rider entered from the NLEX northbound off-ramp in Balintawak.

“The [underbone] rider came from NLEX northbound at-grade then went up to Skyway Stage 3 counterflowing against traffic,” told the SMC Tollways insider who wishes to remain anonymous.

But, that’s not all. According to reports, the rider was allegedly intoxicated and was not wearing the proper riding gear.

“This incident in Stage 3, our personnel stationed at the ramp area, had tried hard to stop him, but the driver was going really fast, well because he was allegedly drunk.”

The management of SMC Tollways is now coordinating with NLEX Corporation and said that they will reassess their deployment of personnel in key areas of the expressway to avoid similar incidents.

Although it was clearly not the driver's fault, Autoindustriya.com got word that they had already reached a settlement with the family of the underbone rider.

Responsible Driving and Accountability Act

In 2019, House Bill 1987, authored by Representative Frederick Siao, proposed the Philippine Responsible Driving and Accountability Act. HB 1987 basically puts the accountability on the one who’s really at fault in the event of a traffic mishap.

“Here in this country, if you are a driver who follows the traffic laws but you encounter another motorist or a pedestrian who does not care about those laws and basic courtesy and safety on the road, you are the one who gets charged with the crime of reckless imprudence resulting in either death, injury, or damage to property. House Bill 1987 seeks to overturn that,” Siao said in a statement.

According to the bill, the driver is presumed to be not initially at fault for the incident under investigation when:

  • the victim is intoxicated or under the influence of illegal or prescription drugs;
  • the victim was not crossing the street via a pedestrian lane or road intersection;
  • the victim crossed the street or highway instead of using a nearby pedestrian footbridge;
  • the victim is a bicycle rider not wearing any safety devices or is wearing dark clothing; the victim is a driver of a motorcycle, tricycle or bicycle traveling on a national highway under the minimum speed limit and not on the rightmost lane;
  • the victim is a driver who, at the exact time of the incident, did not have the right of way on the road;
  • the driver did not flee from the scene of the road safety incident;
  • the driver was suffering, at the time, a medical emergency such as a heart attack, stroke, asthma attack, or diabetic shock;
  • the driver of the other vehicle has non-functional or lacking in headlights, taillights, and other warning devices.

On the flipside, the driver involved in a road accident can be found at fault when:

  • the driver flees from the scene
  • the driver was driving at high speed based on recorded eyewitness accounts
  • the driver had just committed at least one serious traffic violation
  • the driver is intoxicated or under the influence of illegal or prescription drugs
  • the driver does not have a driver's license or has an expired driver's license
  • the victim is a child younger than 15 years of age.

As of this writing, HB 1987 has not advanced in congress 5 years after it was filed.

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