Practice question
A traffic violation is established at the mishap, but credible evidence is offered against the inference of negligent causation of the injury. The claimant insists Article 2185 forbids any examination of rebuttal and makes the driver automatically liable for every remote loss. Which is correct?
- Every violation creates unlimited irrebuttable liability
- All remote losses must be paid without inquiry
- The presumption is rebuttable, and the court must assess contrary proof and the required causal connection rather than treat it as unlimited liability
- Traffic rules can never inform negligence
- Only the claimant may decide what evidence counts
Legal references
- Civil Code, Articles 2176 and 2185: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
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