Video: Who's in the wrong? Not the tractor driver!

[Puccini]

1 hour ago, bdenner said:

What a lot of you have missed here is the Thai road rules stipulate one must give way to the left...

 

There are exceptions to the rule that the vehicles coming from the left have the right of way, for example when a traffic sign, road marking, traffic warden's signal, etc indicates otherwise. In the image in the OP,  annotated below, Driver 2 has the right of way, driver 1 must yield.

 

[Puccini]

I observe quite often that when faced with an impending collision, a driver's reflex or, where the time allows, also a voluntary response, is to swerve to avoid an impact with the other vehicle, even if this risks crashing one's own vehicle or colliding with a third vehicle.

 

When I was in the same situation, in Italy, as the driver 2 in the annotated video frame in my previous post #31, my reflexes took over and I hit the brakes hard, gripped the steering wheel firmly, and guided my car straight ahead in my own lane. The collision being unavoidable, this crashed my car to the point of being a write-off (the other driver's insurance replaced it), and the police confirmed that my action, or rather my reflex, my involuntary response, was absolutely correct (I should add the I was not speeding, before braking going at about 50 km/h in a 60 km/h zone). How one's reflexes when driving a vehicle respond probably depends much on the original driving instructions and on subsequent driving experience.

[KhunBENQ]

2 hours ago, bdenner said:

What a lot of you have missed here is the Thai road rules stipulate one must give way to the left.

??

And what has that to do with the actual case?

The white pickup has a stop sign, flashing light and a solid line before his nose.

The other pickup is on a principal road.

So what are you lecturing?

[canuckamuck]

39 minutes ago, Puccini said:

I observe quite often that when faced with an impending collision, a driver's reflex or, where the time allows, also a voluntary response, is to swerve to avoid an impact with the other vehicle, even if this risks crashing one's own vehicle or colliding with a third vehicle.

 

When I was in the same situation, in Italy, as the driver 2 in the annotated video frame in my previous post #31, my reflexes took over and I hit the brakes hard, gripped the steering wheel firmly, and guided my car straight ahead in my own lane. The collision being unavoidable, this crashed my car to the point of being a write-off (the other driver's insurance replaced it), and the police confirmed that my action, or rather my reflex, my involuntary response, was absolutely correct (I should add the I was not speeding, before braking going at about 50 km/h in a 60 km/h zone). How one's reflexes when driving a vehicle respond probably depends much on the original driving instructions and on subsequent driving experience.

Has a lot to do with the strong resistance to use brakes over swerving and flashing of lights. The speeding truck in this case did get on his brakes, but hard to tell how much sooner he could have done so.

[tifino]

 wouldn't be too much getting my knickers in a knot over what I see in the video; 

A video created by a Channel 'called 'SportRingSide' that's doing bloopers! for evening television entertainment.

This is more entertaining for Thais to watch, instead of the usual bread'n'butter parents' videoing bloopers of kids falling over their pets kind of stuff!

 

What's the likelihood of:

1. there being a traffic incident type Cam, on that particular intersection...  a little country road intersection that's not even a Red Light Cam controlled intersection, and

2. Another Cam that just happens to be pointing the other direction, and down angled 'just right' to show all the 'just right' angles incorporating the tractor into the hypothetical traffic accident scenario test of your viewers' knowledge

 

 

A Thai burning other Thais video

Edited July 24, 2018 by tifino

[farcanell]

I blame the gubment

 

solid traffic stop line is too far back from the main road with vegetation being allowed to grow, obstructing vision to the right of the incoming road

 

Either that, or the guy speeding.

 

 

Edited July 24, 2018 by farcanell

[Jonmarleesco]

'They said it was negligence with both pick-up drivers in an unnecessary hurry.'

 

Hurry? The one pulling out was crawling. The one on the main road was moving too fast. 

 

[whaleboneman]

11 hours ago, zaphod reborn said:

100% on the tractor.  The tractor is reversing and has the highest duty of care to ensure that the movement of the vehicle can be made safely.  As the tractor was encroaching on a lane of traffic, it was also being operated in the improper lane, even if its reversing action was in same direction as the flow of traffic.

 

Contrary to some of the opinions above, I see absolutely no evidence the tractor operator was engaged in any kind of road maintenance.  There are no governmental work signs, no warning signs, no road work uniforms, and he wasn't doing any roadside work.  He's a farmer operating his vehicle on the wrong side of the road, trying to use the shoulder as it is a slow moving vehicle, and for some unknown reason, reversed his tractor.

 

I wish when I litigated auto collision cases, they had video of the accidents so that we didn't have to rely upon witness statements, vehicular damage photographs, and accident reconstruction analysis.

Hey litigator.

1) the tractor was reversing to avoid getting creamed

2) tractor was in the correct lane (they drive on the left in Thailand)

3) look at the video again and you may see that tractor was clearing weeds off the road

4) "governmental work signs, no warning signs, no road work uniforms"  You are having a laugh now aren't you?

5) You probably did better when you were a litigator and had people explain what happened rather than relying on video

[Puccini]

The intersection shown in the photo in the OP appears to be in Surin province, in Ban Khok Takhian, Tambon Khok Takhian, Amphoe Kap Choeng. Does somebody reading this live in that neighbourhood and recognise the intersection?

https://www.google.ch/maps/place/Khok+Takhian+Sub+District+Administration+Organization/@14.5281875,103.5322511,291m/data=!3m2!1e3!4b1!4m13!1m7!3m6!1s0x0:0x0!2zMTTCsDMxJzQxLjgiTiAxMDPCsDMxJzU4LjMiRQ!3b1!8m2!3d14.528275!4d103.532861!3m4!1s0x311a075ad082dedd:0x20a2035a3cde6626!8m2!3d14.5281861!4d103.5328359?hl=en

 

[Maestro]

Removed a troll post.

[Puccini]

It seems to me that the driver who hit the tractor would have had ample time to slow down and steer his vehicle back to the left lane. I wish I could find the intersection on Google Maps to get a clearer picture of the situation.

[HAKAPALITA]

In Thailand? Cleaning the shoulder from vegetation?
Never!!!
 

The locals in all provinces were ordered to clean up for Kings Birthday at that time.Trimming the verges are a regular event at such times


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[Rally123]

Anywhere in the world, if driving on the left you give way to the right. And anyone driving on the right has to give way to traffic coming from the left. Simple innit? Why people keep claiming that in Thailand priority is given to the left. What utter nonsense.

 

Whilst I'm on, why was my last post deleted please?

[colinneil]

4 minutes ago, Rally123 said:

Anywhere in the world, if driving on the left you give way to the right. And anyone driving on the right has to give way to traffic coming from the left. Simple innit? Why people keep claiming that in Thailand priority is given to the left. What utter nonsense.

 

Whilst I'm on, why was my last post deleted please?

Why are you posting nonsense?

Traffic coming up to a stop sign give way to traffic coming from any direction.

A stop sign is put there for a reason,. not just as a decoration.

[zaphod reborn]

9 hours ago, whaleboneman said:

Hey litigator.

1) the tractor was reversing to avoid getting creamed

2) tractor was in the correct lane (they drive on the left in Thailand)

3) look at the video again and you may see that tractor was clearing weeds off the road

4) "governmental work signs, no warning signs, no road work uniforms"  You are having a laugh now aren't you?

5) You probably did better when you were a litigator and had people explain what happened rather than relying on video

1) it doesn't matter why he was reversing - the driver of a reversing vehicle has the highest standard of care to make sure that the manuever can be executed safely

2) the tractor was being operated on the shoulder, but encroaching on the lane of traffic which is a statutory violation with a presumption of negligence; also, the tractor was being operated against traffic, and only the reversing manuever made the tractor proceed with the flow of tractor

3) unless the operator is with the highways division, he enjoys no protection of the law for his conduct while doing so, as he is unable to avail himself of proper safety requirements

4)  http://aspa.mfa.go.th/TPIF/rural roads.pdf  The priority for ordinary road maintenance is "road failure".  In this situation, does any encroaching vegetation block highway vision, or reduces the ability to use the road shoulder as a safety valve.  In this case, the answer is a resounding "no".  This is a poor farmer who may have been just testing his tractor.  I can't see any purpose of removing the scant vegetation, which didn't even encroach on the paved shoulder.

5) While often adequate warning of work on the side of the road is not given, there are regulations requiring it, and, if not followed, result in fault of the accident being placed on the maintenance workers, and not the driver of a vehicle.

6) Why then did litigators spend hundreds of thousands of dollars trying to creat accident reconstruction videos and struggling to get them into evidence. 

[zaphod reborn]

17 hours ago, DepDavid said:

Wrong. Regardless if the tractor driver decided to stand naked and do a dance on it clearly and without question the idiot in the white truck is at fault. If the silver truck was speeding and it could be proven then excessive speed would be a contributing factor not the cause. Don’t go into traffic law. 

Sorry, but the reversing manuever requires the highest standard of care, even more than moving a vehicle out of its lane to the left or right, and making a turn.  The farmer was reversing his tractor, encroaching on a lane of travel while hugging the shoulder and is 100% at fault.

[Rally123]

1 hour ago, colinneil said:

Why are you posting nonsense?

Traffic coming up to a stop sign give way to traffic coming from any direction.

A stop sign is put there for a reason,. not just as a decoration.

Who the .......... mentioned stop signs?????? It doesn't matter at what junction you arrive at. You have to give way to your right in Thailand.. What is it you do not understand about that?

[Rally123]

55 minutes ago, zaphod reborn said:

 The farmer was reversing his tractor, encroaching on a lane of travel while hugging the shoulder and is 100% at fault.

You're having a laugh? You surely can't be serious?

[Rally123]

19 hours ago, TGIR said:

The tractor driver is the only one of the three not at least partially negligent.  He is inside the proper lane whether going backward or forward.

 

The car that hit him looks like it was speeding, but none the less, he left his lane and in doing so hit the tractor.  

 

The car entering the road from a stopped position is 100% in the wrong for driving into moving traffic, forcing the car that hit the tractor out of his lane. 

 

Finally, I am guessing so this is only a comment on regular Thai traffic, the covered truck that hit the tractor didn't seem to even slow down as he neared the intersection.  I see this on multiple occasions nearly every day.  Drivers in Thailand seem to never hit their brakes even when they can clearly see a dangerous situation in front of them......sometimes I think they speed up on purpose.

And we have a winning answer to this weeks Thai Visa CSI traffic accident question. Without doubt TGIR has given the best answer. Case closed. Next.  ?

Edited July 25, 2018 by Rally123

[hotchilli]

Just another day on the roads of Thailand... dunno what the "White" pick-up driver was thinking about for so long..

he just crawled forward past the white line to get a better view of the main road.. but pulled out when plainly another vehicle was coming, albeit at a bit of speed.. but then you should anticipate those situations..

Just brainless drivers again!!

[dirtynomad]

5 hours ago, zaphod reborn said:

1) it doesn't matter why he was reversing - the driver of a reversing vehicle has the highest standard of care to make sure that the manuever can be executed safely

2) the tractor was being operated on the shoulder, but encroaching on the lane of traffic which is a statutory violation with a presumption of negligence; also, the tractor was being operated against traffic, and only the reversing manuever made the tractor proceed with the flow of tractor

3) unless the operator is with the highways division, he enjoys no protection of the law for his conduct while doing so, as he is unable to avail himself of proper safety requirements

4)  http://aspa.mfa.go.th/TPIF/rural roads.pdf  The priority for ordinary road maintenance is "road failure".  In this situation, does any encroaching vegetation block highway vision, or reduces the ability to use the road shoulder as a safety valve.  In this case, the answer is a resounding "no".  This is a poor farmer who may have been just testing his tractor.  I can't see any purpose of removing the scant vegetation, which didn't even encroach on the paved shoulder.

5) While often adequate warning of work on the side of the road is not given, there are regulations requiring it, and, if not followed, result in fault of the accident being placed on the maintenance workers, and not the driver of a vehicle.

6) Why then did litigators spend hundreds of thousands of dollars trying to creat accident reconstruction videos and struggling to get them into evidence. 

 

2. They drive on the left in Thailand

 

Why are you fixated on the tractor?........I bet you got fired for incompetency in that job of ours.

[bdenner]

19 hours ago, KhunBENQ said:

??

And what has that to do with the actual case?

The white pickup has a stop sign, flashing light and a solid line before his nose.

The other pickup is on a principal road.

So what are you lecturing?

Common sense! The guy coming out from the stop sign is a typical brain dead Thai driver. How many times have you seen em do exactly the same thing in any type of vehicle? As in any driving situation the other driver should "Spot the hazard" and react accordingly = also brain dead hence me calling the fault as 50 - 50!!! Got it now?

[KhunBENQ]

4 hours ago, bdenner said:

Got it now?

No.

And hopefully not meet you and some other nonsense posters in traffic.

Discussion finished for me in this thread.

 

[ratcatcher]

It's interesting how the driver of the speeding truck that hit the tractor gets out and walks away from his truck and then turns and joins the group helping the injured tractor operator. Maybe hen had second thoughts about doing a runner.

[JAZZDOG]

12 minutes ago, ratcatcher said:

It's interesting how the driver of the speeding truck that hit the tractor gets out and walks away from his truck and then turns and joins the group helping the injured tractor operator. Maybe hen had second thoughts about doing a runner.

Not the deal at all. He did what I would have done, gone after that moron that pulled out in front of him. Anyone that cant see that the guy pulling out right in front of him is at fault needs to turn in their license today. Should have T-boned that SOB.

[ratcatcher]

7 minutes ago, JAZZDOG said:

Not the deal at all. He did what I would have done, gone after that moron that pulled out in front of him. Anyone that cant see that the guy pulling out right in front of him is at fault needs to turn in their license today. Should have T-boned that SOB.

Yes, you make a very  good point here. The guy that caused the incident escaped damage free.  I hope he stuck around to apologize.

[HAKAPALITA]

I didnt see anyone speeding.!


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[ratcatcher]

1 minute ago, HAKAPALITA said:

I didnt see anyone speeding.!
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That depends on your definition of speeding. In the video he seems to be traveling very fast, a fact commented on by a large number of posters. This was a two lane rural road not a motorway or main highway. A successful conclusion to an accident looking for a place to happen. 

Many agree it was the pickup exiting the side road that was at fault for failing to use due care when entering the main road.

[HAKAPALITA]

Its folks who dont drive much have lots to say , no speeding whatsoever for road conditions , roadcraft average Thai dimwit.[emoji243]


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[Rally123]

On 7/26/2018 at 12:22 PM, ratcatcher said:

It's interesting how the driver of the speeding truck that hit the tractor gets out and walks away from his truck and then turns and joins the group helping the injured tractor operator. Maybe hen had second thoughts about doing a runner.

I see it as that he was going back to have a word with the driver who pulled out. Each to his own interpretations.