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


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The main fault of the accident is the car. But there is enough space infront of the car after it as stopped for the bike to pass unless it had flipped. What cause it to flip like that? maybe a totally worn out to hard pumped tire. Did she break in panic and not released the break when she lost traction? I have seen a few bikes flip where there seams to be no reason in rainy weather here in Bangkok. When I'm out walking I sometimes look at the tires of bikes and its scary how many that is driving around with totally worn out tires. Even MC taxis. Make sure you have good tires.

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On 4/5/2018 at 1:00 PM, KKr said:

"" 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. ;-)

Agree 110% the driver is at fault, however I will also say this as a motorcycle rider of decades, in the wet, it pays to slow down, as well as only use the rear brakes.

 

The rider here is inexperienced as most are, by using the front brakes in the wet, i.e. 1st thing they hit when they panic, most don't have licenses, and wouldn't know, that you do not use the front brakes in the wet, hence the reason the bike went down like a bad of <deleted>, Front brakes in the dry only, if absolutely necessary.

 

The rider is very lucky not to have ended up a quadriplegic. 

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Not just that but there is a concept called a basic speed law* in sensible driver education ie you never drive faster that conditions permit. If somebody jumps right I front if you that is one thing but it looks like here the moto was driving too

 

fast. Should have been slower, and then could have stopped.

 

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On 4/6/2018 at 7:35 AM, Chris Renaix said:

this "lawyer" has no idea about traffic law - what a surprise.  Pick-up is at fault.

 

I think the lawyer has a better grasp than a lot of the posters here. 

 

Under the doctrine of "Last Clear Chance", if the rider had an opportunity to avoid the accident and failed- he's just as culpable as the driver.  Otherwise, you could claim that the rider's not at fault if I pull out slowly when he's 500 meters up the road and he doesn't slow down to keep from rear ending me.  By your version of black and white law, I've violated his right of way by pulling out in front of him.  But it's incumbent on him to react to things like that, and slow down or change lanes to avoid a collision.  Otherwise, the streets would be gridlocked by accidents and the courts gridlocked with lawsuits.

 

Whether that's the case here, would be a tough call in a trial.  Some would see it one way, some would see it the other.

 

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On 4/5/2018 at 3:29 AM, 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...

...except in THIS instance, the pickup had stopped for about 2 seconds LEAVING A GAP BETWEEN THE FRONT BUMPER AND CENTRAL DIVIDING LINE before the gap-shooting, me-first motorbike driver thought 'Oh bugger...' probably jammed on the brakes, lost control of the bike and face-planted the driver side front wheel. I bet the bike driver was laying on the sheep fart horn for about 5 seconds already... while not even considering slowing down. The gap left was wide enough for 2 bikes to pass.

 

Epic bike rider fail... again.

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