Civil case vs. drunk driver

Civil case vs. drunk driver "While our family was on our way home on November 5, 2009 from an out-of-town gathering, a pick-up truck hit the rear of our car. My 3-year-old sister, my mother and I had several bruises in our arms and legs, while my father suffered contusions in his legs. When my father went out of the car to talk to the truck driver, he noticed that the driver was intoxicated. There were even beer bottles in his passenger seat. Because my sister kept crying, my father, who had taken the other driver’s license, drove us to the hospital for medical treatment. We would like to know if we could still file a civil case against the driver of the pick-up truck. DoraDear Dora, We have to consider two important things when filing a civil suit: First, whether there is a cause of action upon which the case may rest and second, whether the action has prescribed.A cause of action is the act or omission by which a party violates a right of another (Section 2, Rule 2, Rules of Court). It may be a wrongful or negligent act committed by the defendant, which injures the right of the plaintiff. In the situation you have presented before us, we can surmise that the tortuous act of the truck driver may be the cause of action in filing a civil action for quasi-delict. But in order for an action for tort or quasi-delict to prosper, the following essential elements must be present: (1) there must be an act or omission constituting fault or negligence (2) there must be damage caused by said act or omission (3) there must be a causal relation between the damage and the act or omission and (4) the absence of contractual relations between the parties. Applying these elements in your situation, your family has to prove that the vehicular collision occurred because of the carelessness of the truck driver, and that in fact, he was reckless as he was intoxicated at the time the accident happened. Additionally, you must show that the incident caused injuries to your whole family. If you are successful in proving the existence of these elements at the time of the accident, your family may demand payment from the truck driver for the damage he has caused (Article 2176, New Civil Code of the Philippines). We would like to stress that all of us must exercise due care, diligence and vigilance in our actions so that we can avoid causing injury to others.The next issue we need to address is whether your action has not yet prescribed, as provided for under Article 1139, id, “Actions prescribed by the mere lapse of time fixed by law.” Thus, it is incumbent upon the plaintiff to file his or her action within the reglamentary period fixed by law. In your case, since the accident happened only last November 5, 2009, your action may still be filed in court. According to Article 1146, id, “The following actions must be instituted within four years: x x x (2) Upon a quasi-delict.” Clearly if you file the action now, it will still be within the four-year period set under the aforementioned article. Bereminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299." - https://www.affordablecebu.com/