Is the Skyway above the law?

Last Tuesday, November 10, during a lunchtime downpour, a Toyota Fortuner and an Isuzu Trooper were involved in a freak road accident that ended with the driver of the Trooper crashing his SUV through the barrier of the elevated portion of the PNCC Skyway, plunging a reported 14 meters to the road below, eventually landing on top of a Jeepney, killing one person and injuring four.

A skyway cop was quick to jump on-cam of a popular tabloid style TV news program (the type that feel they need to yell the news at you, as if the content itself wasn’t shocking enough) shortly after the accident to say, "Because of the excessive speed of the Fortuner, the driver lost control of his vehicle and slammed into the Trooper and pushed it over." Case closed; notch another one up for the super highway sleuths; we can all sleep well tonight; don’t forget to switch off the lights when you leave…

He had absolutely no evidence to support his statement, of course, and even contradicted the accounts of both drivers on the Skyway, but it sounded like the kind of thing people wanted to hear. Never mind the truth.

It’s human nature. We need to blame somebody. It makes us sleep better at night and puts order back in our lives. Nobody wants to live in a world where SUVs fall randomly out of the sky with no rhyme or reason, so we have to make up a villain to identify with to channel our fears. May as well be the guys from the gated communities in Alabang with their fancy SUVs and enough disposable income to ply the very expensive road less traveled — 14 meters above the common folk.

But don’t be so quick to accept the first explanation that is thrown down a news camera; as convenient as it all may sound, that doesn’t make it right. Think about it — the PNCC blaming the Trooper or the Fortuner is like the billboard owners blaming Mother Nature for the carnage that their poorly built, twisted steel structures left behind. Two. Separate. Issues.

Let’s not miss the point.

I know there are more versions of this story floating around than there are newspapers, TV shows, radio stations and websites in this country, but if you’re interested, this, I can guarantee you, is as close to the truth as you will ever get. It came straight from the guy in the driver’s seat of the Fortuner, backed up by the guy in the Trooper, confirmed by an eyewitness and eventually accepted by the PNCC.

The driver of the Fortuner was on the leftmost lane of the Skyway heading southbound, just before the merging point of the Magallanes on ramp when he hit a large, deep pool of standing water. The Toyota aquaplaned and started spinning counter clockwise. The rear of the Fortuner slammed into the left lane barriers, bounced off and spun in a clockwise direction across three lanes, then struck the right hand barriers, where it eventually came to a halt. The Trooper was entering the Skyway from the Magallanes on ramp, and swerved to avoid the out-of-control Fortuner. Neither driver could confirm whether there was any contact between the two SUVs, but the evasive action of the Trooper, combined with the slippery conditions, was enough to push him over the edge. Literally.

Now, the PNCC will tell you that their barriers are built to international specifications, but I’m not sure how that will help the family of the deceased. They will tell you about the Trooper and the Fortuner and how they were speeding, even if they haven’t got any proof to support it, but they will completely ignore the fact that a car should not have gone through that barrier to begin with. Regardless.

I’ll admit that I know the guy in the Fortuner. But that is beside the point. It shouldn’t matter if the guy was a bank robber fleeing the scene of a crime, wearing a Balaklava and wielding a semi automatic rifle out his window. A vehicle should have never been able to go through the barricade. Period. The PNCC has failed us. While we’re on it, they have another thing to answer for. You pay a fortune to ply their "international standard" road, so you have every right to expect a safe and well-maintained passage through. Flooding caused by poor drainage is totally unacceptable. And this is not the first time this has happened; it is just the first time a car has made it through the barrier. And if nothing is done, it won’t be the last.

The first thing people ask is, "How fast was he going? He must have been flying!" Honestly, I don’t know. Without proof, that is between the drivers and God. But let’s just say for the sake of a story that they were speeding. That still doesn’t excuse the fact that a car can make it through a concrete barrier. Imagine if that were a truck, or a bus. The Fortuner claims it was traveling around 80km/h. The Trooper claims the same. The eyewitness has nothing significant to add. You and I may not believe that, but unless the PNCC have proof to confirm otherwise, or until something more conclusive comes up, we have to leave it at that.

I can just tell you that a car can and will aquaplane at that. Airline pilots actually use a formula to determine the proper speed before landing on a wet runway. And the same, I’m told, can be applied to cars. It is basic physics. To determine the ideal speed, the formula is nine times the square root of the tire’s PSI in miles per hour. Say your tires are inflated to 32PSI. The square root would be 5.66. Multiply that by nine. You would aquaplane at 50.4mph. Or 80.64 km/h. So drive under that. Obviously there are subtle differences that can affect this formula, especially tread design, tire condition, level of water, type of vehicle etc. But it is a good rule of thumb.

A lot was lost in this tragedy. But a lot can also be learned from it. Let’s start with the tangibles. A car went through the railings and plunged 14 meters. There was a large pool of standing water on the fast lane of a very expensive toll road. Neither should have been allowed to happen. The PNCC have got to answer for that, regardless of what international certifications they wave in our faces. It obviously wasn’t enough.

Someone died, and his family is owed at least that.

They can scream until they are blue in the face that people need to slow down and drive like turtles, but let’s be realistic; it would be like trying to ban typhoons. And let’s be honest, too; if you build the only half decent road in Metro Manila without traffic, charge people international toll rates to use it, some people will speed. They feel it is the only way to get their money’s worth. I’m certainly not saying it is right, I’m just pointing out the obvious. Failing to prepare for the worst case scenario is just plain irresponsible.

And this is one of the reasons why we don’t progress — we are always expected to drive around the problems instead of fixing it. It is the easy way out and it misses the point. A road like the Skyway should be designed to handle a lot more than what was thrown at it last Tuesday. And, by putting a speed limit of 100km/h, the developers and management are virtually guaranteeing you a safe passage so long as you are within that, barring any unforeseen circumstances of course. Standing water shouldn’t be one of them.

But it also goes both ways. We as drivers should always remind ourselves of the great privilege a vehicle is, and that driving one around is an enormous responsibility. Never take it for granted. No matter how good you think you are, accidents happen; always be aware and leave a margin for error. Never drive faster than the conditions allow.

As of this writing, the driver of the Fortuner has settled with everyone that was affected by this accident. There were some that advised him against it, but he went with his gut and made good on his word anyway. All parties are satisfied by the result. He felt that being the starting point of the accident, he accepted responsibility and would cover the damages because he didn’t want anyone to suffer anymore than they already have. Now it’s your turn, PNCC.

It was a particularly busy week for the Backseat Driver reactions and comments inbox. Perhaps the same can be said of the coming week given today’s sensitive topic? In the meantime, here are some of the messages that you sent in…

I wish you guys would feature Backseat Driver EVERYDAY! Right on Dong, James, et al! You rock! — Jorj Q, Dasmariñas, Cavite (Thanks for your kind and encouraging words, Jorj!

There is a foul smell coming from the airconditioner of my Fortuner whenever I reach the speed of 120 kph. Have you received similar complaints from others? Thanks. — 09173282269 (No, we haven’t. Have it checked immediately, though.)

When the MMDA was sued for billboard demolition, nobody cared. Now everybody seems to be riding the ban the billboard train. — 09159956370

I meet ignorant and reckless drivers on the road on a daily basis. They are the scourge of Philippine society. — A. F. Aquino, Pangasinan

Vehicles with busted brake lights are road hazards. I suggest that the LTO check all kinds of lights — front and back — before renewing any vehicles’ registration. — 09209616708

Speak out, be heard and keep those text messages coming in. To say your piece and become a "Backseat Driver", text PHILSTAR<space>FB<space>MOTORING<space>YOUR MESSAGE and send to 2840 if you’re a Globe or Touch Mobile subscriber or 334 if you’re a Smart or Talk ’n Text subscriber or 2840 if you’re a Sun Cellular subscriber. Please keep your messages down to a manageable 160 characters. You may send a series of comments using the same parameters.