Practice question
A driver violates a traffic rule when a collision occurs. Article 2185’s contrary-proof presumption is invoked. The driver argues that the presumption makes every other negligence and causation issue permanently irrelevant. Which analysis is correct?
- The presumption is irrebuttable and replaces all liability elements.
- A traffic violation can never matter in a civil case.
- Every violation necessarily caused every injury in the vicinity.
- The provision creates a rebuttable negligence presumption; the required causal injury and other governing facts must still be assessed.
- The statute automatically awards whatever sum is demanded.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1173,2176–2179 and 2185.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/70498 — Laza v Standard Insurance, GR 279772, June 29 2026, main opinion: negligent conduct, damage, and proximate cause.
Answer this question in flashcards to review your response and continue practicing.