Police say trader not responsible in PVC pipe death - woman faces negligence charge

[webfact]

Police say trader not responsible in PVC pipe death - woman faces negligence charge

 

Picture: Sanook

 

Police in Pathum Thani have ruled out laying charges at the door of the shop that failed to tie on a PVC pipe securely to the back of a pick-up truck.

 

The pipe swung out as the driver went home killing a 65 year old man who was riding pillion on a motorcycle coming in the other direction.

 

The accident happened in Sam Khok district and was caught on municipal council CCTV.

 

Cops at the Sam Khok station refused to talk about how the four meter long pipe was tied on saying the matter would go to court. But they said it was ultimately the responsibility of the driver of the pick-up to ensure it was tied on correctly.

 

Preeyanut, 51, has been charged with negligence causing death under article 291 43 (4).

 

Yesterday she spoke to Sanook apologizing to the relatives of the dead man who was a neighbor.

 

She said she asked the shop where she bought the pipe to tie it on because she had no idea how to do it herself. The first she knew about what had happened was when she heard a noise and saw people trying to flag her down.

 

She stopped and saw in horror that 65 year old Sao was dead by the side of the road. The pipe had snapped in two.

 

"I didn't mean this to happen," she said. "I am so sorry".

 

Meanwhile the relatives of the dead man are not pressing their own charges as she has accepted responsibility for everything. They are all friendly neighbors.

 

Sanook went to the shop that sold the pipe - it had been shut early. People nearby at the PTT gas station said they opened early then shut up for the day.

 

Workpoint reporters discovered that the pipe had been tied on with "nylon rope" according to Sanook. Sanook said on leaving the shop the pipe protruded over the end of the pick-up but by the time of the accident had swung out narrowly missing the bike rider Somsak, 61, but killing his passenger on the back.

 

Source: Sanook

 

-- © Copyright Thai Visa News 2017-09-21

 

[darksidedog]

The shop had the good sense to cough up some cash to the cops pretty quickly it would seem. They tied the pipe down, so tough to see how they have no responsibility.

[robblok]

5 minutes ago, darksidedog said:

The shop had the good sense to cough up some cash to the cops pretty quickly it would seem. They tied the pipe down, so tough to see how they have no responsibility.

The cops said ultimately it was the responsibility of the driver.. seems about right.  I don't read the shop is not responsible... i read in the end the driver is always responsible.. and blame will be appropriated in court. 

[darksidedog]

3 minutes ago, robblok said:

The cops said ultimately it was the responsibility of the driver.. seems about right.  I don't read the shop is not responsible... i read in the end the driver is always responsible.. and blame will be appropriated in court. 

I agree that the driver is responsible for the safety of what they are carrying, but many would assume that the people who tie down loads all day, every day, knew what they were doing, and in this case the driver clearly did exactly that. As the woman had no idea how to do it and placed her trust in them, they should share at least some part of the blame. And if you didn't read that the shop was not responsible, go back and read the headline.

[leeneeds]

How many loads are seen every day , incorrectly loaded, over loaded,

must be karma to be taken out by a poly pipe on that day riding a bike,

R.I.P

[robblok]

18 minutes ago, darksidedog said:

I agree that the driver is responsible for the safety of what they are carrying, but many would assume that the people who tie down loads all day, every day, knew what they were doing, and in this case the driver clearly did exactly that. As the woman had no idea how to do it and placed her trust in them, they should share at least some part of the blame. And if you didn't read that the shop was not responsible, go back and read the headline.

Yes that was the headline.. but the cops said no such thing, they only said ultimately the driver is responsible and this will go to court. So seems logical, and stupidity on the drivers side (not knowing how to check if something is tied up good) should not be an excuse because not knowing the law is also not an excuse. But I agree its certainly not 100% her fault, and its good that they do punish the driver otherwise they would not check their load at all. 

[rkidlad]

57 minutes ago, webfact said:

Cops at the Sam Khok station refused to talk about how the four meter long pipe was tied on saying the matter would go to court. But they said it was ultimately the responsibility of the driver of the pick-up to ensure it was tied on correctly.

Ultimately, yes it is. 

 

I've lived in Thailand long enough to know how things work. If some shop workers tied some PVC pipe in the back of my pick-up truck, I'd know to check and probably just do it all again myself. Most important reason would be to make sure I don't harm others; 2nd reason would be not to get into any trouble if it does. 

 

Some people say that not trusting or not having faith in some other people is a negative attitude. It's not always the case - I'm making a rational decision based on what I know, reputations and common sense. It's good to be optimistic in life. Just don't be ignorantly optimistic. 

 

I feel sympathy for the lady, but the PVC piping is her responsibility. Ce'st la vie. 

[Wiggy]

How come the car driver not see that in the door mirror? Probably because she never looked. Negligence on her part. 

[worgeordie]

13 minutes ago, Wiggy said:

How come the car driver not see that in the door mirror? Probably because she never looked. Negligence on her part. 

Side mirrors and turn signals,Thai's don't really need them or use them, negligence ,what's that 500 THB fine.

regards worgeordie

[fxe1200]

17 minutes ago, Wiggy said:

How come the car driver not see that in the door mirror? Probably because she never looked. Negligence on her part. 

Car mirrors in Thailand are there to squeeze out pimples and redo the lips with a lipstick. The driver could have secured the pipe by fasten it across the rear of the trunk and using a piece of red cloth.

[sinbin]

5 hours ago, darksidedog said:

They tied the pipe down, so tough to see how they have no responsibility.

The driver claimed the shop tied it on. Of course she would.   

[Thian]

I bet the pipe was laying on the roof of the car, the other side against the door of the bed. It rolled off the roof and went sideways from the wind.

 

Just look where the rope is at the pipe. 

 

If the pipe was laying over the door of the bed why would it have gone sideways? The wind would have kept it straight.

[sinbin]

8 minutes ago, fxe1200 said:

using a piece of red cloth

And in the event of not having a red cloth 'nothing' is usually the second choice.

[SoulWater]

6 hours ago, webfact said:

Meanwhile the relatives of the dead man are not pressing their own charges as she has accepted responsibility for everything. They are all friendly neighbors.

Only in Thailand

[DrTuner]

6 hours ago, darksidedog said:

I agree that the driver is responsible for the safety of what they are carrying, but many would assume that the people who tie down loads all day, every day, knew what they were doing, and in this case the driver clearly did exactly that.

2

Never, ever, trust a Thai to do a job properly. Check, double check, triple check and at the end DIY. Thais themselves know this too.

[Moti24]

1 hour ago, DrTuner said:

Never, ever, trust a Thai to do a job properly. Check, double check, triple check and at the end DIY. Thais themselves know this too.

Bang-on there!  I don't even get Thais to do any job now; I can't see the point of paying somebody to do something when I have to do it again myself.

[hotchilli]

9 hours ago, darksidedog said:

The shop had the good sense to cough up some cash to the cops pretty quickly it would seem. They tied the pipe down, so tough to see how they have no responsibility.

Yes they tied the pipe down in the truck.. but

ultimately it's the drivers responsibility to check the load before & during the drive home..

The responsibility lays with the driver as soon as she left the shop... they have no control after she has gone !

[whaleboneman]

Does no one else blame the motorcycle driver at all. Instead of taking evasive action, he merely ducked and let his poor passenger take the hit.

[godblessemall]

Whoever tied the pipe into the back of the pick-up must be stupid. Instead of having the end of the pipe in the rear corner he should have, at least, put the end in the front corner so that it was sloping away towards the rear, and would have caused far less injury.

[cyberfarang]

16 hours ago, darksidedog said:

The shop had the good sense to cough up some cash to the cops pretty quickly it would seem. They tied the pipe down, so tough to see how they have no responsibility.

I don`t think so. Once a shop sells a product (whatever it is) to a customer, then that product becomes the responsibility of that customer. It was the duty of the pick up driver to ensure the pipe was tied securely to the vehicle. The video shows clearly that the pipe was protruding dangerously out from the side of the vehicle, that would have been clearly visible in her wing mirror. Legally she the driver is 100% at fault in this case. Sadly a person has lost their life due to her negligence.

[catman20]

She stopped and saw in horror that 65 year old Sao was dead by the side of the road. The pipe had snapped in two.

 

"I didn't mean this to happen," she said. "I am so sorry".

 

well thats OK then 

[Confuscious]

On 21/09/2017 at 8:20 AM, webfact said:

Preeyanut, 51, has been charged with negligence causing death under article 291 43 (4).

 

Negligence = 500 Baht fine

[toofarnorth]

I think what we have here is the difference between the Thai way and the western way.

If I pick up something too long to go in the boot of the car it gets wedged between the rear window and along side the transmission tunnel , if it is too long for that it gets delivered usualy free.

The TW would put the item on the back seat with some of the item sticking out of the rear window.   As an extra bit. It is trucks full to the brim with earth.stones or gravel that I hate getting behind , one pothole and you can get hit by 5 kilos of rock.

[berybert]

As an ex lorry driver I'd blame her 100%  there have been many times I have taken a load out that has been loaded by someone else. It was my job to make sure that load got to where it was going without incident. Many a time I was told everything was secure and many times I checked and found out it wasn't.

Another reason I would blame her is the fact she didn't bother checking her mirrors or so it would seem. Surely you would notice a pipe that is sticking that far out.

Again driving off with the pipe sticking out the side of the pick up !!! madness.

It should be either tied over the front of the cab or overhanging the back with something to make sure it is visible.

She didn't have a clue so probably shouldn't have gone and picked it up.

[BernieOnTour]

On 9/21/2017 at 3:57 AM, darksidedog said:

I agree that the driver is responsible for the safety of what they are carrying, but many would assume that the people who tie down loads all day, every day, knew what they were doing, and in this case the driver clearly did exactly that. As the woman had no idea how to do it and placed her trust in them, they should share at least some part of the blame. And if you didn't read that the shop was not responsible, go back and read the headline.

Maybe, she really doesn't know how to do such a "low-so" job of loading the pipe in her truck and tying a knot ...

But as a driver - it is at least her responsibility to check, if the the load is properly secured

and if not, to request them to change it.

 

And as a driver, it is also her responsibility to check her rear mirror constantly and not just drive with the (usual Thai) viewing angle of 30 degrees forward to the left and the right.

Continuing the drive for 100s of meters with the 4m !!! long pipe  sticking out to the side from a 2m load bay is a crime in itself.

 

Trying to blame someone else ... typical.