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the factual findings of the trial court. The appellate court affirmed the judgment of
conviction rendered by the trial court against petitioner. However, it mitigated the
award of civil indemnity on its finding that Arnold himself was likewise reckless in
maneuvering a left turn inasmuch as he had neglected to look out, before entering the
other lane of the road, for vehicles that could likewise be possibly entering the
intersection from his right side. This notwithstanding, petitioner was still unsatisfied
with the ruling of the appellate court.
Issue:
Whether or not the petitioner should be acquitted because the negligence of Arnold,
which according to the Court of Appeals was incipient in character, was actually the
principal determining factor, which caused the mishap, and the fact that the TAIR
indicated that Arnold had no right of way, thus it is he who had the status of a favored
driver?
Held:
Reckless imprudence generally defined by our penal law consists in voluntarily but
without malice, doing or failing to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the person performing or
failing to perform such act, taking into consideration his employment or occupation,
degree of intelligence, physical condition and other circumstances regarding persons,
time and place. Imprudence connotes a deficiency of action. It implies a failure in
precaution or a failure to take the necessary precaution once the danger or peril
becomes foreseen. Thus, something more than mere negligence in the operation of a
motor vehicle is necessary to constitute the offense of reckless driving, and a willful
and wanton disregard of the consequences is required. Willful, wanton or reckless
disregard for the safety of others within the meaning of reckless driving statutes has
been held to involve a conscious choice of a course of action which injures another,
either with knowledge of serious danger to others involved, or with knowledge of
facts which would disclose the danger to any reasonable person.
In traffic law parlance, the term "right of way" is understood as the right of one
vehicle to proceed in a lawful manner in preference to another approaching vehicle
under such circumstances of direction, speed and proximity as to give rise to a danger
of collision unless one of the vehicles grants precedence to the other. Although there
is authority to the effect that the right of way is merely of statutory creation and exists
only according to express statutory provision, it is generally recognized, where no
statute or ordinance governs the matter, that the vehicle first entering an intersection is
entitled to the right of way, and it becomes the duty of the other vehicle likewise
approaching the intersection to proceed with sufficient care to permit the exercise of
such right without danger of collisions.
All told, it must be needlessly emphasized that the measure of a motorists duty is
such care as is, under the facts and circumstances of the particular case,
commensurate with the dangers which are to be anticipated and the injuries which are
likely to result from the use of the vehicle, and in proportion to or commensurate with
the peculiar risk attendant on the circumstances and conditions in the particular
case,81 the driver being under the duty to know and to take into consideration those
circumstances and factors affecting the safe operation of the vehicle which would be
open to ordinary observation.