Who was at fault? The one who was at fault was the BMW. The dents on both cars show that since the bump on the Honda was at the back and BMW’s was at the front, the latter had a better chance of avoiding the accident as it had the last clear chance to stop its vehicle. Further, the driver of the BMW did not stop at the red light and continued to move at a speed of 30 kph when it tried to cross the intersection. This lead to the Honda that was already half way across the intersection to veer on its left which ultimately caused its right rear fender to bump to the BMW’s left front fender. Who can be made liable? Under 2176, the driver of the BMW can be made liable as his negligence in following the traffic rules caused the collision with the Honda. Further, since the mishap happened while the driver of the BMW was committing a traffic violation, it is presumed that he is at fault under Art. 2185. If the owner of the BMW was in the vehicle at the time of the accident, then he could be solidarily liable with the driver for the damages under Art 2184 if he could have avoided the incident by the use of due diligence of asking the driver to stop and follow the traffic light. If the owner of the BMW was however not in the vehicle at the time of the mishap then he shall be liable under the doctrine of vicarious liability as stated in Art. 2180. However, responsibility to the accident could cease if he could show and prove that he observed the diligence of a good father of a family to prevent the damage. But the owner may recover the damages that he paid with regard to the accident as provided for in Art. 2181. There is no contributory negligence on the part of the owner of the Honda as the speed of 30 kph was relatively the average speed of cars when driving within cities and further, it was merely following the traffic light which was green when it tried to cross the intersection. What are the possible causes of action available to the parties? The owner of the Honda may claim for damages under quasi delict against the driver and/or the owner of the BMW. The owner of the BMV may file for recovery of money against the driver for the sum that it paid to the owner of the Honda if the former was not in the car during the accident.
Who was at fault?The one who was at fault was the BMW. The dents
on both cars show that since the bump on the Honda was at the back
and BMWs was at the front, the latter had a better chance of
avoiding the accident as it had the last clear chance to stop its
vehicle. urther, the driver of the BMW did not stop at the red
light and continued tomove at a speed of !" kph when it tried to
cross the intersection. This lead to the Honda that was alread#
half wa# across the intersection to veer on its left which
ultimatel# caused its right rear fender to bump to the BMWs left
front fender.Who can be made liable?$nder %&'(, the driver of
the BMW can be made liable as his negligence in followingthe tra)c
rules caused the collision with the Honda. urther, since the mishap
happened while the driver of the BMW was committing a tra)c
violation, it is presumed that he is at fault under *rt.
%&+,.-f the owner of the BMW was in the vehicle at the time of
the accident, then he could be solidaril# liable with the driver
for the damages under *rt %&+. if he could have avoided the
incident b# the use of due diligence of asking the driver to stop
and follow the tra)c light.-f the owner of the BMW was however not
in the vehicle at the time of the mishap then he shall be liable
under the doctrine of vicarious liabilit# as stated in *rt.
%&+".However, responsibilit# to the accident could cease if he
could show and prove that he observed the diligence of a good
father of a famil# to prevent the damage. But the owner ma# recover
the damages that he paid with regard to the accident as provided
for in *rt. %&+&.There is no contributor# negligence on the
part of the owner of the Honda as the speed of !" kph was
relativel# the average speed of cars when driving within cities and
further, it was merel# following the tra)c light which was green
when it tried tocross the intersection.What are the possible causes
of action available to the parties?The owner of the Honda ma# claim
for damages under /uasi delict against the driver and0or the owner
of the BMW.The owner of the BM1 ma# 2le for recover# of mone#
against the driver for the sum that it paid to the owner of the
Honda if the former was not in the car during the accident.
![courses.cs.washington.edu · –mkdir hw1/{old,new,test} – hw1/old, hw1/new, hw1/test – ~bob – [abc] [a-c]](https://img.pdfslide.us/doc/110x75/60616dbea5b58226b1373df9/amkdir-hw1oldnewtest-a-hw1old-hw1new-hw1test-a-bob-a-abc-a-c.jpg)
