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Sheryl

Motorcycle hits bicycle: who is at fault?

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What is Thai law on this?

 

Daughter of my Cambodian handyman/gardener was bicycling home from school and another student driving a motorcycle very fast hit her. Totalled the bicycle and injured the girl but luckily not seriously. Motorcyclist also not seriously hurt, some damage to moto.

 

The motorcyclist is demanding money which seems outrageous to me. (1) they were driving too fast  and (2) I would expect that in a motorcycle vs bicycle collision motorcycle would automatically be liable.

 

Anyone know Thai law on this?

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The Thai motorcyclist is also a student who has not yet reached the age of legal responsibility. His parents are still responsible so cops won't be overly interested here. How are these demands for money manifesting themselves? One-on-one with the your gardeners daughter? Either way, a doubt a kid can demand anything... yes, I know it's Thailand and the 'victim' here is Cambodian but maybe someone needs to speak with the motorcyclists parents?

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15 minutes ago, NanLaew said:

The Thai motorcyclist is also a student who has not yet reached the age of legal responsibility. His parents are still responsible so cops won't be overly interested here. How are these demands for money manifesting themselves? One-on-one with the your gardeners daughter? Either way, a doubt a kid can demand anything... yes, I know it's Thailand and the 'victim' here is Cambodian but maybe someone needs to speak with the motorcyclists parents?

The parents are the ones demanding the money.

 

There is a meeting tomorrow at the school about it hence my desire to understand the legal aspect.

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7 minutes ago, Number 6 said:

1. It's Thailand the foreigner is at fault.

 

2. It's a civilized country - smaller the vehicle the greater the right of way. Pedestrians most of all.

 

What do you think?

 

- who hit whom? Appears the Moto hit the bicycle.

 

- Was the bicycle hit in the rear?

 

- was anyone crossing traffic and should yield?

 

- above but presumably moto coming so fast as to be unseen to react in time.

 

 

At face value it would appear the moto at fault imo.

 

The Moto hit the bicycle.

 

The bicycle had  turned right from left lane to go into the driveway. No other vehicle in sight when she started the turn. It is a very quiet country road.

 

The motorcycle came roaring up while she was still in the middle of the road. Honked but did not slow down, the girl was afraid to move forward or back when the moto honked not knowing what the moto would do so stayed still (seems sensible to me - enable the moto to gauge her position and go around her).

 

Moto despite having seen her did not slow down. Crashed right into her hitting broadside. Moto was not driving in the left lane but rather near the center of the road.

 

No witnesses though so we cannot prove she did not turn abruptly right in front of the moto (which still shouldn't have been in the center of the road I think).

 

I doubt anyone is much up for trying to wade through the minutiae of which vehicle was exactly where, though. I just thought there might be an automatic rule or cultural norm when it is motorcycle vs bicycle. There is in Cambodia, the moto is automatically at fault. Likewise car vs moto, the car is.

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I had a similar experience, except it was a car vs. a motorcycle. Both were a really at fault and nobody was responsible. Light damage to both vehicles. I matched their claim for compensation and at the end, after about an hour or so, we shake hands and went each to our own.

Maybe try that strategy and ask for compensation for the girl.

 

In general, the longer you can draw it out, week or months, the lower the expectation for any compensation will drop. 

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10 minutes ago, KhunBENQ said:

Motorbike properly taxed/insured?

Age of student on motorbike?

Student has driving license?

(and even if and age 15 to 18 the motorbike most not be bigger than 110 ccm)

 

If family of student is "hiso", forget above questions.

 

I don't know if taxed/insured.  The driver did NOT have a license.

 

Not remotely hiso. Lower middle class rural people.

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