This case has been cited 1 times or more.
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2012-11-26 |
MENDOZA, J. |
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| The evidence indubitably shows that before the collision, the passenger bus was cruising along its rightful lane when the tricycle coming from the opposite direction suddenly swerved and encroached on its lane. The accident would not have happened had Genayas, the tricycle driver, stayed on his lane and did not recklessly try to overtake another vehicle while approaching a blind curve. Section 37 of R.A. No. 4136, as amended, mandates all motorists to drive and operate vehicles on the right side of the road or highway. When overtaking another, it should be made only if the highway is clearly visible and is free from oncoming vehicle. Overtaking while approaching a curve in the highway, where the driver's view is obstructed, is not allowed.[26] Corollarily, drivers of automobiles, when overtaking another vehicle, are charged with a high degree of care and diligence to avoid collision. The obligation rests upon him to see to it that vehicles coming from the opposite direction are not taken unaware by his presence on the side of the road upon which they have the right to pass.[27] | |||||