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Tourists injured as van driver asleep at wheel runs red light, slams into another airport van


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Tourists injured as van driver asleep at wheel runs red light, slams into another airport van

By Eakkapop Thongtub

 

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The driver of the van carrying Chinese tourists to the airport said he started falling asleep at the wheel, leading to the accident. Photo: Eakkapop Thongtub
 

PHUKET: Three Chinese tourists have been taken to Thalang Hospital after the passenger van taking them to Phuket International Airport slammed into another airport van at a major intersection on Thepkrasattri Rd early this morning (Dec 7).

 

Lt Sophanat Nayao of the Thalang Police was called to the scene, at the main turnoff to the Nai Yang (see map below), at 4:40am.

 

At the scene were two passenger vans on their sides in the middle of the intersection.


Full story: https://www.thephuketnews.com/tourists-injured-as-van-driver-asleep-at-wheel-runs-red-light-slams-into-another-airport-van-73912.php#JorhDMCUsOXFRxlc.97

 

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-- © Copyright Phuket News 2019-12-08
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Just as a matter of interest - It seems tourists being injured on their way to the airport by these Rip-Van-Winkles is happening more often.  If they miss their flight, do the airlines re-book them at no extra charge, or do they have to buy another ticket. If the the latter, who pays?

 

I can only guess the answer; but then, maybe I've been here too long.

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6 minutes ago, ChrisY1 said:

Falling asleep...seems to be the way to go to get a lesser charge

The laws are changing now in America.  Drowsy driving (or falling asleep at the wheel) carries the same penalty as drunk driving in many states.  If involved in an accident after falling asleep at the wheel the driver will face a similar fate as a drunk who did the same.  Thailand should look to do the same in this regard.

 

Also, most states (Hawaii included) have recently mandated that ALL MOVING VIOLATIONS stay on your traffic abstract FOR LIFE.  They don't come off after 3-5 years anymore like they used to.  Commercial driver's in Thailand that carry tourists (and Thais) like Taxis, buses and Mini-Van drivers should be held to a higher standard and should suffer lifetime bans for serious and/or multiple infractions which result in accidents and injuries or deaths.

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2 minutes ago, MeePeeMai said:

The laws are changing now in America.  Drowsy driving (or falling asleep at the wheel) carries the same penalty as drunk driving in many states.  If involved in an accident after falling asleep at the wheel the driver will face a similar fate as a drunk who did the same.  Thailand should look to do the same in this regard.

 

Also, most states (Hawaii included) have recently mandated that ALL MOVING VIOLATIONS stay on your traffic abstract FOR LIFE.  They don't come off after 3-5 years anymore like they used to.  Commercial driver's in Thailand that carry tourists (and Thais) like Taxis, buses and Mini-Van drivers should be held to a higher standard and should suffer lifetime bans for serious and/or multiple infractions which result in accidents and injuries or deaths.

Yes but thats America here you are lucky if the driver is competent, has a license or actually passed a driving test.

Saying that i employed some excellent van drivers so i know there are good ones about

 

But very very few!

 

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Getting behind the wheel when drunk is a far cry from becoming drowsy whilst driving, even if the outcome can be the same. Treating them the same would be a miscarriage of justice and would undermine the whole concept of intent. 

Emotions herein are causing some to overlook the root cause, which needs addressing more than anything else.

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18 minutes ago, jany123 said:

Getting behind the wheel when drunk is a far cry from becoming drowsy whilst driving, even if the outcome can be the same. Treating them the same would be a miscarriage of justice and would undermine the whole concept of intent. 

How's that? 

 

If someone has knowingly been without sleep or sufficient rest, is drowsy, and intentionally gets behind the wheel (while drowsy or nodding off) and operates that motor vehicle on the highway resulting in serious injuries or death of persons other than himself (i.e. outcome is the same as if he was drunk), why then would "treating them the same be a miscarriage of justice"?  The "concept of intent" is there.

 

If you are operating a motor vehicle while sleepy or nodding off, knowing that your are drowsy (thereby placing others at significant risk) what difference is there between that and driving drowsy while under the influence of prescription pain meds or alcohol?  None in my book and none in the eyes of the law in most states now in the USA. 

 

BECAUSE "the outcome is and can be the same" and you are knowingly putting others lives at risk.  Pull over and sleep it off or get a motel room.  Simple.

 

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Just now, MeePeeMai said:

How's that? 

 

If someone has knowingly been without sleep or sufficient rest, is drowsy, and intentionally gets behind the wheel (while drowsy or nodding off) and operates that motor vehicle on the highway resulting in serious injuries or death of persons other than himself (i.e. outcome is the same as if he was drunk), why then would "treating them the same be a miscarriage of justice"?  The "concept of intent" is there.

 

If you are operating a motor vehicle while sleepy or nodding off, knowing that your are drowsy (thereby placing others at significant risk) what difference is there between that and driving drowsy while under the influence of prescription pain meds or alcohol?  None in my book and none in the eyes of the law in most states now in the USA. 

 

BECAUSE "the outcome is and can be the same" and you are knowingly putting others lives at risk.  Pull over and sleep it off or get a motel room.  Simple.

 

Sure... prove “knowingly got behind the wheel when drowsy”... that should work in a court of law.... good luck.

 

That said, the charge should be about negligence.... but hey, I said that the root cause needs addressing, and your “simple” addresses that root cause. 

 

Meanwhile.... by your measure, speeding should be treated the same as drunk driving.... illegally changing lanes can kill.... same same as drunk driving, right?

 

quoting laws of the United States... a government mired in corruption, hardly fills one with confidence. Lest we forget the nation that gave itself a prohibition law right up the clacker.

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17 minutes ago, jany123 said:

Sure... prove “knowingly got behind the wheel when drowsy”... that should work in a court of law.... good luck.

Been done MANY, MANY times.  In fact, claiming that you fell asleep while driving (as in this case) should be enough for a conviction on those grounds.

 

17 minutes ago, jany123 said:

That said, the charge should be about negligence.... but hey, I said that the root cause needs addressing, and your “simple” addresses that root cause. 

Yes, negligent homicide would be the correct charge if there was a fatality (I have a good friend who went to prison for this when his 18 year old girlfriend died as a result of him falling asleep and hitting a tree - no alcohol/drugs involved).  Yes, Simple man (by Lynyrd Skynyrd) is a great song indeed.

 

17 minutes ago, jany123 said:

Meanwhile.... by your measure, speeding should be treated the same as drunk driving.... illegally changing lanes can kill.... same same as drunk driving, right?

I never said that but since you mentioned it, if your speeding or illegal lane change resulted in a death or serious injury, I would hope that you would face the appropriate penalty.  And if you were simply stopped for the offense (and were not sleepy or drunk etc) then no I do not condone a "same same" charge as drunk driving, there are laws on the books for these offenses. 

 

I'll let the last one slide (as it's not worth mentioning).

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58 minutes ago, jany123 said:

Getting behind the wheel when drunk is a far cry from becoming drowsy whilst driving, even if the outcome can be the same. Treating them the same would be a miscarriage of justice and would undermine the whole concept of intent. 

Emotions herein are causing some to overlook the root cause, which needs addressing more than anything else.

So what would you suggest for commercial driver's who work too mut, sleep too little and knowingly continue driving until they fall asleep and injure or kill innocent people on the highways? 

 

500 baht and a wai... would that make you happy?

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I recently renewed my Thai vehicle and motorcycle licence. Part of the renewal required people to sit in a chair with two floor pedals simulating driving a vehicle. Foot on accelerator Green lights came on. When lights turned to Red person had to brake.

After three attempts the Thai in front of me would have hit the vehicle in front 3 times. It was heartening to know he normally drove a local EMS vehicle. 

This incident isn't about falling asleep but rather minimising a 'running a red light' charge!

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39 minutes ago, MeePeeMai said:

So what would you suggest for commercial driver's who work too mut, sleep too little and knowingly continue driving until they fall asleep and injure or kill innocent people on the highways? 

 

500 baht and a wai... would that make you happy?

Once again.... root causes need to be addressed. I don’t know about trumptopia, but in a real country, a companies dispatch department can monitor driver work/rest durations, then restrict work hours thru on board monitoring. These systems exist for a reason and a commercial driver should be bound by companies safety rules... 

 

lol... no safety rules? Well damn... meet root cause.

 

Anyway, what you are describing seems profit driven.... I would be happy targeting those receiving the profit for surely they bear a good portion of the blame, if the culture is just to do or be fired.

 

if “500 baht and a wai” is your best suggestion in regards to this, then discussing it seems pointless... although admittedly, with that as a start point, your suggestions can only get better.

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1 hour ago, MeePeeMai said:

If you are operating a motor vehicle while sleepy or nodding off, knowing that your are drowsy (thereby placing others at significant risk) what difference is there between that and driving drowsy while under the influence of prescription pain meds or alcohol?  None in my book and none in the eyes of the law in most states now in the USA. 

So... according to the interwebby... “most states” seem to be two states.... and rely on proving 24 hours of sleep deprivation prior to driving.... obviously you are referencing differing sources. Care to share?

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2 minutes ago, jany123 said:

Anyway, what you are describing seems profit driven....

 

Not profit driven, it's called a "deterrent" and it is "safety driven". 

 

These strict laws implemented in Trumptopia after seemingly failed public education attempts were made to stem the needless deaths and injuries by drowsy driving (which have been well documented via road casualty statistics and statements given by driver's who admitted that they fell asleep or nodded off causing serious injuries and deaths).

 

I agree it is all about ensuring that driver's do not work too many hours without time off for sufficient rest (laws which we do have by the way in Trumptopia). 

 

13 minutes ago, jany123 said:

if “500 baht and a wai” is your best suggestion in regards to this, then discussing it seems pointless... although admittedly, with that as a start point, your suggestions can only get better.

 

Not my suggestion, just my guess at what someone like you would suggest for such an offense.  I have to agree with you that discussing this further with someone like you seems pointless but I would be happy to hear what someone like you would offer up for a proposed penalty for carelessly and knowingly putting others at risk by driving on a highway when one is nodding off and falling asleep?

 

I would suggest a chill pill and some good music (to start).

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8 hours ago, AussieBob18 said:

Thais go to sleep in an instant - not like 'us' in that we take a while - they go to sleep very very quickly.

You're right. If you travel with a bus, you can see half of the Thais fall asleep after 15 minutes.

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15 minutes ago, MeePeeMai said:

Not profit driven, it's called a "deterrent" and it is "safety driven". 

Mmm... you said...

 

56 minutes ago, MeePeeMai said:

So what would you suggest for commercial driver's who work too mut, sleep too little and knowingly continue driving until they fall asleep and injure or kill innocent people on the highways? 

I see profit driven... I see nothing safety driven in your comment, which is a question you asked of me, and to which I answered appropriately.

 

15 minutes ago, MeePeeMai said:

These strict laws implemented in Trumptopia after seemingly failed public education attempts...

I have asked... and you have failed to answer. What strict laws?... link me up Scottie.

15 minutes ago, MeePeeMai said:

just my guess at what someone like you would suggest for such an offense.

Guesswork isn’t your strong suit... far from it, as my experience has informed me that getting an expat to support wai’ing, as a penalty, is just not going to happen. (Sarcasm excepted)

15 minutes ago, MeePeeMai said:

I would be happy to hear what someone like you would offer up for a proposed penalty for carelessly and knowingly putting others at risk by driving on a highway when one is nodding off and falling asleep?

As I have already stated above.... sleeping behind the wheel is negligent... at trial, the amount of negligence can be determined and a penalty imposed in line with other negligent driving penalties, which already exist and include fines, suspension of license and imprisonment. This is not a laughing matter.... bumping your gums about wais and 20 dollar fines reduces it to such (even if you were just trying to be insulting)

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7 minutes ago, jany123 said:

So... according to the interwebby... “most states” seem to be two states.... and rely on proving 24 hours of sleep deprivation prior to driving.... obviously you are referencing differing sources. Care to share?

 

Drivers in states that don't have specific laws for "drowsy" driving (if not involved in an accident - merely pulled over for weaving or failure to maintain a lane etc) can and do get charged with reckless driving, inattention to driving, driving while impaired, unsafe lane change, crossing a center line and other statutes already on the books which cover the said offense observed by the Officer conducting the traffic stop which covers witnessed drowsy driving incidents (and those admitted to by drivers involved in fender benders with no serious injury or death). 

 

Do you think that if you commit one of the offenses I mentioned above and you are stopped or are involved in an accident that you should be given only "a warning" if you state that you are just nodding off because you are sleepy?

 

Some bills for distinct "drowsy driving" laws were not passed in certain states because this type of offense is already covered (and easier to prove) under the existing laws that I mentioned above, along with vehicular homicide, negligent homicide, vehicular manslaughter, negligent injury etc. if involved in an accident which resulted in injury or death, especially where the driver said that he was tired and fell asleep (whether looking for leniency or just being honest).

 

It also is up to the officer conducting the traffic stop to cite the driver and/or take the keys from the individual or demand that he sleep it off on the shoulder of the highway if he feels that this person should not be driving and has admitted to being tired or sleepy. 

 

It's a fact that drowsy driving is just as dangerous as drunk or impaired driving and many states are working on getting bills drafted or resubmitted to their respective legislatures for approval. In the mean time the driver can be charged as mentioned above. 

 

 

 

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Comparing the Threats

So which is worse – driving while drunk or driving while drowsy?

The answer is a simple and scary one. Both drowsy and drunk driving are equally dangerous, and recent studies have shown that there is actually no difference between the two when it comes to the threat to public safety while on the roads. Driving while drunk or drowsy can both more than double your risk for causing an accident.

While the possibility for danger is the same with drowsiness and drunkenness, there is no test to determine if someone is too sleepy to be behind the wheel of a vehicle. This makes drowsy driving an even bigger threat in terms of going undetected by authorities and being removed from the road.

 

https://lull.com/blog/drunk-driving-vs-drowsy-driving-which-is-the-biggest-threat/

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33 minutes ago, MeePeeMai said:

Drivers in states that don't have specific laws for "drowsy" driving (if not involved in an accident - merely pulled over for weaving or failure to maintain a lane etc) can and do get charged with reckless driving, inattention to driving, driving while impaired, unsafe lane change, crossing a center line and other statutes already on the books which cover the said offense observed by the Officer conducting the traffic stop which covers witnessed drowsy driving incidents (and those admitted to by drivers involved in fender benders with no serious injury or death). 

 

Do you think that if you commit one of the offenses I mentioned above and you are stopped or are involved in an accident that you should be given only "a warning" if you state that you are just nodding off because you are sleepy?

I think that you should be prosecuted for the offense you mentioned. Simple really.

 

33 minutes ago, MeePeeMai said:

Some bills for distinct "drowsy driving" laws were not passed in certain states because this type of offense is already covered (and easier to prove) under the existing laws that I mentioned above, along with vehicular homicide, negligent homicide, vehicular manslaughter, negligent injury etc.

Which is how it should be.

33 minutes ago, MeePeeMai said:

It also is up to the officer conducting the traffic stop to cite the driver and/or take the keys from the individual or demand that he sleep it off on the shoulder of the highway if he feels that this person should not be driving and has admitted to being tired or sleepy. 

There ya go.... but remember, to be considered a crime in the two states that have drowsy driving as an offense (I say two, because that’s what the interwebby told mom and despite being asked twice, you have failed to provide any evidence that this is wrong) the driver needs to be 24 hours deprived of sleep.

 

33 minutes ago, MeePeeMai said:

It's a fact that drowsy driving is just as dangerous as drunk or impaired driving and many states are working on getting bills drafted or resubmitted to their respective legislatures for approval. In the mean time the driver can be charged as mentioned above.

So.... you now admit that the comments you made earlier (below) were wrong.... progress

 

1 hour ago, MeePeeMai said:

These strict laws implemented in Trumptopia

 

4 hours ago, MeePeeMai said:

Drowsy driving (or falling asleep at the wheel) carries the same penalty as drunk driving in many states. 

 

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10 hours ago, rooster59 said:

The driver of the van carrying Chinese tourists to the airport said he started falling asleep at the wheel, leading to the accident.

But did nothing except drive on and eventually caused the accident... amazing.

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39 minutes ago, jany123 said:

I think that you should be prosecuted for the offense you mentioned. Simple really.

That's a rather simple statement but I fail to follow you here.

 

And as far as using the term Trumptopia, that was coined by yourself, friend.

 

39 minutes ago, jany123 said:

Drowsy driving (or falling asleep at the wheel) carries the same penalty as drunk driving in many states. 

Lets get my original statement correct in it's entirety.. it seems that you conveniently left the next sentence out... ready?

 

Drowsy driving (or falling asleep at the wheel) carries the same penalty as drunk driving in many states.  If involved in an accident after falling asleep at the wheel the driver will face a similar fate as a drunk who did the same.

 

Meaning that if you were involved in a fatal or serious accident and had fallen asleep or nodded off,  you could be charged with, convicted (and sentenced) the same as someone who, under the exact same circumstances, was drunk when the accident occurred.  In other words, it wouldn't matter whether you were drunk or just tired and fell asleep, the penalty would be the same for you (sober but fatigued) as it would have been you had been drunk at the time of the accident.

 

In case you missed another post of mine, I have a close friend who was convicted and went to prison for negligent homicide after falling asleep (sober) while driving and collided with a tree.  His 18 year old girlfriend was dead at the scene.  His attorney pleaded with the court and stated that he was not drunk nor under the influence of any alcohol or drugs, he was simply tired and fell sleep on the way home (a simple accident).  The judge ruled that he should have known better than to operate a motor vehicle (while tired / fatigued) and although he was not drunk or impaired, he was sentenced to prison, served his time and is now a convicted felon for the rest of his life (same outcome if he had been drunk or stoned). 

 

You seem to enjoy carrying on like this but I am getting bored.  Got anything else for me before I go?

 

 

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