Jump to content

Archived

This topic is now archived and is closed to further replies.

Frogmountain

I hit someone today

Recommended Posts

"If he passed you on the right your responsible, cause you shouldn't turn right before the road is clear."

Are you joking? The motorcycle tried to pass him on the right, which he shouldn't have done if the driver had his directionals on. Perhaps if the OP checked in his side view mirror more carefully before turning, it could have been avoided but most likely the motorcycle was driving quickly and wasn't careful.

Only the police can say who is at fault but my guess it is the motorcycle. As long as the OP has a Thai driver's license, insurance in his name and no witness challenges his side, he should likely be free of blame. However to make things simple police usually make it 50/50 blame unless one person confesses to wrong doing.

I am glad that you and your son wasn't hurt. I wouldn't do it any different but never loose your temper at the scene of an accident.

Good luck and get a lawyer

Happens to me all the time. I'm in the turning lane with my turn signals on waiting to make my turn and some idiot motorcycle doesn't seem to be able to clue in that he's going to get hit if he tries to pass me while I'm turning. I am watching the oncoming traffic as most people would be to look for an opportunity to turn and in another country there wouldn't be some fool thinking he can go through me. Luckily I know how the Thai drive and so always try to remember to glance in my mirror before I turn out. There's been a couple close calls though just the same. Most likely you will still get blamed as this is Thailand and the best you can hope for is 50/50 responsibility. After all he drove into you. Having said that I ran into a truck once that made a right hand turn from the curb lane without signalling while I was in the passing lane just about to over take them. It turned out the owner of the truck was a cop who showed up later very disturbed looking. They were at fault 100% and had to pay for the repairs to my truck which were substantial. Lol.

Share this post


Link to post
Share on other sites

I nearly got "Hit " myself last night

Me and the missus walking down Naklua road about 10 , as we waited to cross Soi Wongarmart , a car Turning left into Wongamart , stopped to let us across. a car on the other side of the road Wongermart was waiting at the junction to turn into Naklua road . As we started to cross some Mong came flying around the corner Turning Right into Wongamart from Naklua road. Luckily we were about 10 meters from the Junction in Wogarmart road. All I caught out the corner of my eye were his lights about 30 odd feet from me. He'd turned into Wongamart blind without stopping to see what was on the other side of the car turning right.

Its funny how survival and self preservation kicks in without thinking about it, I turned my arse and hips toward the car, so I was should on and put my forearm down to protect my ribs , I think I was looking for a soft landing on the bonnet, Anyway he stopped about a foot from me . I went mental "You F stupid C " the missus pulling me down the road . Even the driver of the car that let us cross got out and started shouting at the other bloke. My missus told me after that the bloke was on the phone.

Share this post


Link to post
Share on other sites

Many police do not know ( although it is in their handbook ) something called " Right of Way ".

You need to lose the 'Right of Way' entitlement mentality. It carries little weight in a developing country whereas 'opportunity' carries much more. When you see scooters navigating traffic, it's the opportunity mindset that dictates behavior(eg,there's room to move forward, there's a gap to move into, there's a way to maintain momentum without stopping).

By and large, none of this is intentionally malicious, rude or even arrogant behavior but rather the mindset of a developing country, for many of which are just barely getting by, and looking for any advantage they can get. And you know what, it largely works without the usual anger, hostility and roadside drama one often encounters driving in western countries.

doesn't work for the dead 13000+ a year on bikes though does it?

Share this post


Link to post
Share on other sites

If the motorcyclist was overtaking at a junction he is 100% at fault.

A few weeks ago I was turning right from one main road into another. There was oncoming traffic when I reached the junction so I stopped and waited for the oncoming carriage to clear. My right hand indicator was on at all times. It was a single carriage way (no room to pass on the left). Two cars pulled up behind me patiently waiting for me to turn. Just as I was making my turn I gave a last check to my wing mirror. A car was travelling at high speed and overtaking the two cars behind me. Luckily I saw it in time an stopped my turn. Had we collided there is no way I could be considered at fault, but it got me wondering about the law in Thailand.

Road Traffic Act.

Section 46

[The driver shall not overtake another vehicle when:

b. within a distance of 30m from a pedestrian crossing, junction, circle (rotary) or railroad crossing

Seems pretty clear. The motorcyclist was making an illegal manoeuvre and is undoubtedly at fault.

he wasn't turning into a junction it was his driveway.

Share this post


Link to post
Share on other sites

This thread is now 10 days old, and the OP hasn't posted the outcome yet.

It's obvious that the OP isn't cleared of all fault in the easy way like some posters want us to believe.

Share this post


Link to post
Share on other sites

This thread is now 10 days old, and the OP hasn't posted the outcome yet.

It's obvious that the OP isn't cleared of all fault in the easy way like some posters want us to believe.

The OP can say anything he wants here whether fact or fiction, if he wants....

Share this post


Link to post
Share on other sites

I think the OP is at fault here but would be interesting to hear the outcome.

Share this post


Link to post
Share on other sites

I think the OP is at fault here but would be interesting to hear the outcome.

laugh.png

Share this post


Link to post
Share on other sites

If the motorcyclist was overtaking at a junction he is 100% at fault.

A few weeks ago I was turning right from one main road into another. There was oncoming traffic when I reached the junction so I stopped and waited for the oncoming carriage to clear. My right hand indicator was on at all times. It was a single carriage way (no room to pass on the left). Two cars pulled up behind me patiently waiting for me to turn. Just as I was making my turn I gave a last check to my wing mirror. A car was travelling at high speed and overtaking the two cars behind me. Luckily I saw it in time an stopped my turn. Had we collided there is no way I could be considered at fault, but it got me wondering about the law in Thailand.

Road Traffic Act.

Section 46

[The driver shall not overtake another vehicle when:

b. within a distance of 30m from a pedestrian crossing, junction, circle (rotary) or railroad crossing

Seems pretty clear. The motorcyclist was making an illegal manoeuvre and is undoubtedly at fault.

he wasn't turning into a junction it was his driveway.

Semantics. But regardless I think the same principle applies.

If I'm driving a car and the car in front slows to a stop while indicating an intention to turn right into a junction, driveway, housing estate or whatever, I have no right to overtake on the right. I can overtake to the left if there's room (Section 45 (a.)), but if not I have to wait until the road is clear, or the driver signals for me to overtake. Why do motorcyclists think the rules are different for them!

Also relevant; Motorcycles have to "keep to the curb-side of the roadway as close as possible" (Section 35). So the motorcyclist should have been travelling close to the curb-side and when reaching the stationary cars should have passed on the left. If there wasn't room to pass he should have stopped and waited like everyone else.

Share this post


Link to post
Share on other sites

Many police do not know ( although it is in their handbook ) something called " Right of Way ".

You need to lose the 'Right of Way' entitlement mentality. It carries little weight in a developing country whereas 'opportunity' carries much more. When you see scooters navigating traffic, it's the opportunity mindset that dictates behavior(eg,there's room to move forward, there's a gap to move into, there's a way to maintain momentum without stopping).

By and large, none of this is intentionally malicious, rude or even arrogant behavior but rather the mindset of a developing country, for many of which are just barely getting by, and looking for any advantage they can get. And you know what, it largely works without the usual anger, hostility and roadside drama one often encounters driving in western countries.

Yes it is a mindset, a mindset that is contrary to their own laws. There are Thai police that have never heard of the " right away " and there to my own surprise having a conversation with a police at a accident thereafter mentioned to the one of the driver " right away " .

In my post although long many motorbike drivers if not all believe other drivers should look out for them especially if it is a car, this is cultural nonsense. Being on a smaller vehicle when you say lose " right of way entitlement mentality " it is drivers in Thailand who have been condition due to lack of enforcement of their own laws. And " right of way " is not a mindset it is a actually mentioned in their handbook.

If you have a right of way given to you by a green light and you are traveling at 40-50 KM/H, and a motorbike decides to take the " opportunity " to go against the red light and get hit and killed. I do not need to ask you who is a fault? Thailand might act and think like a developing country but it is not. Currently, Thailand is number #2 in the world with the most accidents until they simply lose their Right of Way entitlement mentality the toll will continue.

You think like a Thai driver, putting opportunity entitlement ahead of the law they already have on the books. In any court of law even in Thaland any driver using the opportunity defense is going to lose! My opinion comes from driving and teaching commercial driving and working along side the Department of Transportation for 40 years.

Share this post


Link to post
Share on other sites

The bike was at fault. A very similar thing happened to me recently. I only have the compulsory insurance and he didn't have any. Bike and car were damaged. The motorcyclist was hurt.

We talked and decide not to call the police and made a deal. He give me 2000 baht to fix my car. Iv fixed it myself v so he got off lightly. If we had called the police anything could have happened.

The most important thing is being able communicate in Thai. If you can't, many Thais will take you to the cleaners.

Share this post


Link to post
Share on other sites

Many police do not know ( although it is in their handbook ) something called " Right of Way ".

You need to lose the 'Right of Way' entitlement mentality. It carries little weight in a developing country whereas 'opportunity' carries much more. When you see scooters navigating traffic, it's the opportunity mindset that dictates behavior(eg,there's room to move forward, there's a gap to move into, there's a way to maintain momentum without stopping).

By and large, none of this is intentionally malicious, rude or even arrogant behavior but rather the mindset of a developing country, for many of which are just barely getting by, and looking for any advantage they can get. And you know what, it largely works without the usual anger, hostility and roadside drama one often encounters driving in western countries.

Yes it is a mindset, a mindset that is contrary to their own laws. There are Thai police that have never heard of the " right away " and there to my own surprise having a conversation with a police at a accident thereafter mentioned to the one of the driver " right away " .

In my post although long many motorbike drivers if not all believe other drivers should look out for them especially if it is a car, this is cultural nonsense. Being on a smaller vehicle when you say lose " right of way entitlement mentality " it is drivers in Thailand who have been condition due to lack of enforcement of their own laws. And " right of way " is not a mindset it is a actually mentioned in their handbook.

If you have a right of way given to you by a green light and you are traveling at 40-50 KM/H, and a motorbike decides to take the " opportunity " to go against the red light and get hit and killed. I do not need to ask you who is a fault? Thailand might act and think like a developing country but it is not. Currently, Thailand is number #2 in the world with the most accidents until they simply lose their Right of Way entitlement mentality the toll will continue.

You think like a Thai driver, putting opportunity entitlement ahead of the law they already have on the books. In any court of law even in Thaland any driver using the opportunity defense is going to lose! My opinion comes from driving and teaching commercial driving and working along side the Department of Transportation for 40 years.

I recall a conversation with the chief prosecotor in my local court some years ago who utterred something like this while wearing his full 'Batman' rig:

'The reason why there are so many accidents here is because everyone in UK drives on the right and forgets to change when they get here!' .....and he did so while holding a plagurised copy of the highway code with 'WH Smith' clearly visible on the back! :)

Share this post


Link to post
Share on other sites

I had almost the same accident happen to me, I was indicating right, no vehicles in front or behind, WAM, brand new pick up hits the front of my vehicle as it swerves to avoid me,

They hadn't seen my indicators, going to fast I also suspect.

Went to police

I was in the clear, went home, that was that.

He was fined, his insurance to pay for our vehicle.

Share this post


Link to post
Share on other sites

If the motorcyclist was overtaking at a junction he is 100% at fault.

A few weeks ago I was turning right from one main road into another. There was oncoming traffic when I reached the junction so I stopped and waited for the oncoming carriage to clear. My right hand indicator was on at all times. It was a single carriage way (no room to pass on the left). Two cars pulled up behind me patiently waiting for me to turn. Just as I was making my turn I gave a last check to my wing mirror. A car was travelling at high speed and overtaking the two cars behind me. Luckily I saw it in time an stopped my turn. Had we collided there is no way I could be considered at fault, but it got me wondering about the law in Thailand.

Road Traffic Act.

Section 46

[The driver shall not overtake another vehicle when:

b. within a distance of 30m from a pedestrian crossing, junction, circle (rotary) or railroad crossing

Seems pretty clear. The motorcyclist was making an illegal manoeuvre and is undoubtedly at fault.

he wasn't turning into a junction it was his driveway.

Semantics. But regardless I think the same principle applies.

If I'm driving a car and the car in front slows to a stop while indicating an intention to turn right into a junction, driveway, housing estate or whatever, I have no right to overtake on the right. I can overtake to the left if there's room (Section 45 (a.)), but if not I have to wait until the road is clear, or the driver signals for me to overtake. Why do motorcyclists think the rules are different for them!

Also relevant; Motorcycles have to "keep to the curb-side of the roadway as close as possible" (Section 35). So the motorcyclist should have been travelling close to the curb-side and when reaching the stationary cars should have passed on the left. If there wasn't room to pass he should have stopped and waited like everyone else.

no semantics, a completely different situation

Share this post


Link to post
Share on other sites
he wasn't turning into a junction it was his driveway.

Semantics. But regardless I think the same principle applies.

If I'm driving a car and the car in front slows to a stop while indicating an intention to turn right into a junction, driveway, housing estate or whatever, I have no right to overtake on the right. I can overtake to the left if there's room (Section 45 (a.)), but if not I have to wait until the road is clear, or the driver signals for me to overtake. Why do motorcyclists think the rules are different for them!

Also relevant; Motorcycles have to "keep to the curb-side of the roadway as close as possible" (Section 35). So the motorcyclist should have been travelling close to the curb-side and when reaching the stationary cars should have passed on the left. If there wasn't room to pass he should have stopped and waited like everyone else.

no semantics, a completely different situation

Different how?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 members

    No registered users viewing this page.

BANGKOK 21 July 2018 00:45
Sponsors
×