Chanthaburi accident video: They're both as bad as each other, says online lawyer

[webfact]

Chanthaburi accident video: They're both as bad as each other, says online lawyer

 

Picture: Daily News

 

CCTV footage from in front of a bus station in Chanthaburi in eastern Thailand showed a pick-up edging out and a motorcycle slide into it.

 

The bike goes down the road and the rider - fortunately wearing a helmet - collides with the front driver's side.

 

Daily News contacted an online lawyer's organisation who said both parties were at fault.

 

The female driver of the pick-up should not drive like that - she should wait until both sides are clear or turn left and find a U-turn.

 

The motorcyclist should drive in a way that makes it possible to brake in such circumstances - the wet road is no excuse.

 

The lawyer suggested that if they didn't have insurance and there was no serious injury the police might just tell them to repair their own vehicles.

 

Source: Daily News

 

-- © Copyright Thai Visa News 2018-04-05

 

 

 

-- © Copyright Thai Visa News 2018-04-05

[Thian]

8 minutes ago, webfact said:

The female driver of the pick-up should not drive like that - she should wait until both sides are clear or turn left and find a U-turn.

 

I see this everyday, cars coming out of a soi and just don't stop for a motocy which they demand to stop for them...pure thainess...

[Get Real]

Good lawyer! He just showed how to make nothing out of a case. Both same bad. Case closed.

[KKr]

"" The motorcyclist should drive in a way that makes it possible to brake in such circumstances - the wet road is no excuse ""

Welcome to Thailand.
The motorcycle is driving straight on using a main road, by the looks of it at moderate speed.
The Pickup pulls into the road without waiting for the road to be clear, i.e. forcing the motorcycle to make an emergency stop.
I'd say PickUp is at fault 100 %.
Wonder what article of the Traffic Code the "Lawyer" is referring to.

(P.S. the fact that the driver is a Female, as far as I understand, does not make a difference in the interpretation of the Traffic Regulations.
Or maybe I am wrong, I did not look it up. ;-)

[zaphod reborn]

40 minutes ago, Get Real said:

Good lawyer! He just showed how to make nothing out of a case. Both same bad. Case closed.

No, that's the Thai way and it condones poor driving habits which are the primary reason for Thailand to have the worst traffic safety record in the world.

 

The pickup truck driver is at fault.  He violated the right-of-way of the motorcyclist.  The motorcyclist was forced to take emergency action which appears to be laying down his bike, but he might have braked and the wet road surface caused his bike to go down.  Either way, the pickup driver's negligence is the proximate cause of the collision, and I see little or no  fault on the part of the motorcyclist, and certainly not a 50-50 case.

[scorecard]

2 hours ago, Thian said:

I see this everyday, cars coming out of a soi and just don't stop for a motocy which they demand to stop for them...pure thainess...

 

Agree, part of the problem is attitude to motorcycles. Most of my outer Thai family refuse to stop, they believe motorcycles are a nuisance and should be punished. 

 

 

[Mooner]

Clearly the pick ups fault. If this is he advice lawyers are handing out God help us all!

[marioc]

The car driver's thinking: " I cannot go but if I go slow it is ok".......

I see this every bloody day!!!!!!!!!!!!!

[richard_smith237]

The Pickup has pulled out in front of the bike...  The driver of the pickup is clearly at fault. 

 

That said, the motorcycle must have seen the pickup pulling out very early and instead of taking cautious action and slowing down to give way, the motorcycle continued on (in the wet no less) and then had to emergency brake, in doing so, hitting the front brake too hard, locking up the front wheel and dropping the bike. 

 

Inexperience / untrained rider not riding defensively. Careless pickup driver forcing her way out into traffic without any regard for the oncoming motorcycle. 

 

Thus: While the motorcyclist was certainly not riding with any intelligence, this is not a 50:50 result. The Pickup Driver must surely be 100% at fault.

 

Conclusion: Lazy Lawyer !

 

 

 

[kannot]

When will they ever  at the very least STAGGER U turns  so that one direction only can u turn and the other side cant but can do it 400metres away, instead they are both together both obstructing  the view of the road ahead, although the  things should be banned.

Pick up t w a t normal, as  said they  do everything very slowly = alright in their minds, the best  when u turning on a  fast road like a tortoise when with a bit of  gas theyd  be long  gone.

[trigpoint]

If the pickup driver was a westener it would definitely be his/her fault and cost dearly.

[ChiangMaiLightning2143]

Looks like the Moto is driving too fast should have stopped.

[mercman24]

<deleted> its right hand drive, how did she not see the motorcyclist, she was totally in the wrong , so much for shit lawyers here.

[jonstarjon]

5 hours ago, Thian said:

I see this everyday, cars coming out of a soi and just don't stop for a motocy which they demand to stop for them...pure thainess...

The motorcyclist saw the opportunity for a pay quite quickly didn't he. He took most of the hit on his legs but as soon as people showed up was looking to maximise injuries for his empty back pocket. Lol

[fasteddie]

No doubt the bike's tyres were pumped up rock hard as per usual in Thailand leaving them with no grip, when I pointed out the label with tyre pressures on to my Thai ex she said manufacturers don't know Thai roads like Thais do Lol TiT.

[MaxLee]

6 hours ago, webfact said:

The female driver of the pick-up should not drive like that - she should wait until both sides are clear or turn left and find a U-turn.

 

The motorcyclist should drive in a way that makes it possible to brake in such circumstances - the wet road is no excuse.

 Sooo, which one is it Mr. Lawyer????? 

[dinsdale]

Absolutely nothing in that. It's just an everyday accident. Wet road, not paying attention (there's a surprise), to heavy on the front brakes and down you go. Just another non-story.

[evadgib]

1 hour ago, mercman24 said:

<deleted> its right hand drive, how did she not see the motorcyclist, she was totally in the wrong , so much for shit lawyers here.

It's far from clear whether there's anything (parked vehicle) out of shot blocking her view and forcing her to stick her nose out in order to see what's coming.

[Adventra20]

Pickup 100% in the wrong.  Cannot pull out onto road unless it’s clear.  It wasn’t clear, there was a Mcycle approaching. Fine 5000B and fix Mcycle.  Next case.  

[memkuk]

5 minutes ago, Adventra20 said:

Pickup 100% in the wrong.  Cannot pull out onto road unless it’s clear.  It wasn’t clear, there was a Mcycle approaching. Fine 5000B and fix Mcycle.  Next case.  

and take away that so-called lawyer's license.

[KhunBENQ]

TV detectives with the easy resolution.

Sometimes I wonder how many drive on Thailand's roads regularly.

 

Sure the pickup driver takes the main responsibility.

He saw the motorcycle too late (stopping his attempt to cross).

That he stopped saved the motorcycle from a much worse accident.

Did the motorcycle have the front lights on (as is required at all times)?

Sure, a very experienced motorcycle rider at good weather could have avoided the fall.

I would have fallen.

 

[richard_smith237]

4 minutes ago, KhunBENQ said:

TV detectives with the easy resolution.

Sometimes I wonder how many drive on Thailand's roads regularly.

 

Sure the pickup driver takes the main responsibility.

He saw the motorcycle too late (stopping his attempt to cross).

That he stopped saved the motorcycle from a much worse accident.

Did the motorcycle have the front lights on (as is required at all times)?

Sure, a very experienced motorcycle rider at good weather could have avoided the fall.

I would have fallen.

 

1

 

I ride and drive in Thailand (driving for about 20 years).

 

For sure, the Pickup driver saw the Motorcycle before edging out, the pickup clearly expected to force the motorcycle to stop and give way as is common in Thailand where larger vehicles force smaller vehicles to yield. 

 

But the motorcycle didn't slow or stop. The pickup should have yielded but didn't until it was too late and the motorcycle made a very poor attempt at 'emergency braking' and dropped the bike. 

 

A motorcyclist with experience of Thailands roads would have yielded to the pickup much earlier, they would have been able to predict that the Pickup is going to drive like a moron and pull out caring little for the motorcyclists right of way. 

 

The motorcyclist 'could have' avoided the accident, but its 100% the pickup drivers fault. 

 

[saminoz]

3 hours ago, ChiangMaiLightning2143 said:

Looks like the Moto is driving too fast should have stopped.

Clueless.  I assume that you do, indeed, have one foot in the grave if you believe that comment!

[dinsdale]

1 hour ago, KhunBENQ said:

Sure the pickup driver takes the main responsibility.

He saw the motorcycle too late (stopping his attempt to cross).

One of course could ask did the motorcyclist see the car. I think the car driver was doing their best to poke their nose out (as happens all the time) and the motorcyclist came through to fast, saw what was happening, panicked and hit the front brakes to hard on a wet and slippery road. Condition of front tyre being anyone's guess. Still it's a non-story. Simple traffic accident.

[robsamui]

3 hours ago, fasteddie said:

No doubt the bike's tyres were pumped up rock hard as per usual in Thailand leaving them with no grip, when I pointed out the label with tyre pressures on to my Thai ex she said manufacturers don't know Thai roads like Thais do Lol TiT.

There's just no reply to "Thainess".  Friend of mine bought one of the few MGs in Thailand. After a month the gas suspension emptied out and dumped the can down onto its tyres. So he had it trailered to the only MG authroised repair garage in Thailand. He talked to the 'trained in England' Thai head mechanic. The head mechanic worked on the car himself. Two months later the same thing happened.

This time my friend checked the pressure in the gas shocks before he left the garage - they were 100% too high - way over pressure - and due to this there was too much strain on the seals, causing the gas blow-outs.

The UK-trained MG head mechanic's reply - "Sure - but I make special for you. If I make high then it take longer for gas to go down."

Farangs just don't understand these things like Thais do. It's totally true.

[robsamui]

3 hours ago, fasteddie said:

No doubt the bike's tyres were pumped up rock hard as per usual in Thailand leaving them with no grip, when I pointed out the label with tyre pressures on to my Thai ex she said manufacturers don't know Thai roads like Thais do Lol TiT.

There's just no reply to "Thainess".  Friend of mine bought one of the few MGs in Thailand. After a month the gas suspension emptied out and dumped the can down onto its tyres. So he had it trailered to the only MG authorized repair garage in Thailand. He talked to the 'trained in England' Thai head mechanic. The head mechanic worked on the car himself. Two months later the same thing happened.

This time my friend checked the pressure in the gas shocks before he left the garage - they were 100% too high - way over pressure - and due to this there was too much strain on the seals, causing the gas blow-outs.

The UK-trained MG Thai head mechanic's reply - "Sure - but I make special for you. If I make high then it take longer for gas to go down."

Farangs just don't understand these things like Thais do. It's totally true.

[seajae]

as per usual in Thailand these drivers play chicken with cars they should be giving way to by pushing out further and further onto the road to scare them into stopping for them. The pickup had to give way but didnt want to so she trued to force her way across by cutting off the motorcycle, she was 100% at fault whether it was a wet road or not, the bike was obviously expecting her to give way as should be expected and when she didnt he tried to brake but slid. Until such time as thai drivers actually follow the road rules instead of plating chicken to get their way this will continue, blocking off the oncoming traffic lanes should be an automatic loss of licence and a big fine, it is the only way they will get it under control

[Puccini]

12 hours ago, KKr said:

I'd say PickUp is at fault 100 %.

 

I agree. First, the woman slowly advances into the road just a little, then stops and waits, which is a clear signal to the motorcyclist that she will correctly yield the way to him. Then, when the motorcycle approaches, to a point where it is too late to stop with those weather and road conditions, the pick-up takes off at high speed.

[chickenslegs]

4 hours ago, seajae said:

as per usual in Thailand these drivers play chicken with cars they should be giving way to by pushing out further and further onto the road to scare them into stopping for them. The pickup had to give way but didnt want to so she trued to force her way across by cutting off the motorcycle, she was 100% at fault whether it was a wet road or not, the bike was obviously expecting her to give way as should be expected and when she didnt he tried to brake but slid. Until such time as thai drivers actually follow the road rules instead of plating chicken to get their way this will continue, blocking off the oncoming traffic lanes should be an automatic loss of licence and a big fine, it is the only way they will get it under control

Agreed.

Would the pick-up driver have edged out if, instead of a motor scooter, it had been a cement truck heading towards her?

 

(rhetorical question, of course).

 

[impulse]

6 hours ago, richard_smith237 said:

 

I ride and drive in Thailand (driving for about 20 years).

 

For sure, the Pickup driver saw the Motorcycle before edging out, the pickup clearly expected to force the motorcycle to stop and give way as is common in Thailand where larger vehicles force smaller vehicles to yield. 

 

But the motorcycle didn't slow or stop. The pickup should have yielded but didn't until it was too late and the motorcycle made a very poor attempt at 'emergency braking' and dropped the bike. 

 

A motorcyclist with experience of Thailands roads would have yielded to the pickup much earlier, they would have been able to predict that the Pickup is going to drive like a moron and pull out caring little for the motorcyclists right of way. 

 

The motorcyclist 'could have' avoided the accident, but its 100% the pickup drivers fault. 

 

 

Not under the doctrine of "Last clear chance"

 

https://en.wikipedia.org/wiki/Last_clear_chance

 

Whether that applies in Thailand or not, I haven't a clue.  Maybe the lawyer knows...