Pedestrian hit by a car, need advice

[Steven Pattaya]

Dear Forum Members, I am hoping for some advice.  I was hit by a car while walking on the little alley/soi in front of my condo in Bang Lamung, just north of Pattaya.  Below is a frame from the condo's security video.  Police have spoken with the driver, taken my report, watched the video, seen my hospital receipt (doctor's report pending) and are doing nothing (not even issuing a ticket).  A Thai lawyer says it is clear from the video that the driver intentionally hit me with his car, yet the worst punishment the driver might face for a first offense would be a simple ticket.  Can anyone confirm this?

[scubascuba3]

A lawyer will get the ball rolling

[wprime]

If he intentionally hit you that's actually very serious here. You just need to explain this clearly and respectfully to the police with the video and they'll help.

 

More likely, there isn't enough evidence to show it was deliberate so it is being attributed to negligence which is trivial here. If he's co-operating in ensuring your medical bills are paid (either through his insurance or directly), he's not going to get fined or punished criminally. There's nothing you can do about this.

[NE1]

39 minutes ago, Steven Pattaya said:

Police have spoken with the driver

Well that is the end of the story I am afraid. 

" How much officer . not a problem ".

[chuang]

Intentionally hitting someone with a vehicle is culpable homicide.. correct me if I am wrong..555

[Kwasaki]

Frankly I would say it's a wait and see whether your lawyer is for real if you are having to pay him. 

Really I would need to know what else your lawyer has said, and whether it could be proved it was intentional or just an accident.

What are the extent of your injuries.?

[Dan O]

1 hour ago, chuang said:

Intentionally hitting someone with a vehicle is culpable homicide.. correct me if I am wrong..555

Only if they kill you

[VocalNeal]

Steve,

We were always taught to walk facing the traffic. Then you can see what is coming. Next time.

Edited July 28, 2021 by VocalNeal

[Tarteso]

Give a wai to the driver. You are in his land… you are nothing for him and I bet….for the Police too. Sad

[Cake Monster]

2 hours ago, scubascuba3 said:

A lawyer will get the ball rolling

A Lawyer will get his own Ball rolling.

[scubascuba3]

20 minutes ago, Cake Monster said:

A Lawyer will get his own Ball rolling.

A lawyer friend of mine had to tell the police to log a crime, they didn't want to, they prefer to be judge and jury. Eventually she won the court case

[2long]

I'm often guilty of deliberately getting in the way of w⚓ Somchais when I see them driving like they own the road.

I'm also really good at acting like I have no idea what I'm doing wrong, while infuriating them. For example when I feel one is driving too fast in an area where I'm walking.

 

I am happy to be proven wrong here, but I wouldn't be surprised if the OP is walking in the driveway of the condo and not getting out of the way quickly enough.

In this case, the OP would be wrong, as it's not a pedestrian area.

Therefore, Somchai may have become (rightly) irritated by him and (wrongly) clipped him on the way past.

Unless the OP is seriously hurt, I would drop it, learn from it and move on.

[bbko]

I was a passenger when my expat friend opened his car door without checking/noticing a lady on a motorbike, his actions caused her to suddenly swerve and she ended up falling down hard.  We jump out of his car and as a crowd starts gathering we notice she's obviously pregnant. She gets taken to the hospital via ambulance due to her being pregnant involved in a vehicle accident. Police and his insurance company show up to take reports.

Long story short, we are told to meet up at the local police station a few days later, and everyone involved gives their version of what happened to the policeman and the pregnant lady has her hospital bills in hand.  After this a video is shown to all of us from a nearby security camera, where my friend is clearly at fault.  The policeman explains to my friend he can either say he's at fault right there in the police station and work out payment to the lady through his insurance or out of pocket (his choice) or he can say he's not at fault and the case will go to court.  He took responsibility and agreed to pay her hospital bills and pain/suffering,  it came out to around 24,000 (IIRC).

 

OP, if the driver doesn't claim responsibility, it seems your next step is to take the driver to court to try and recoup your hospital bills and money for pain and suffering. Good Luck. 

[Steven Pattaya]

Thank you to those who have offered constructive advice and described similar situations so far.  Again, I have already consulted a Thai lawyer.  I posted here seeking additional experienced legal opinions based in actual Thai law.  To be clear, I am only interested in advice from those with accurate knowledge of Thai law specifically.

It seems that incorrect advice (such as that to seek compensation for pain and suffering, whereas Thai law recognizes no such concept) and the predictable victim blaming discourage people from seeking advice here.

 

The crime occurred on a public road.  My injuries are minor but perhaps a child or senior will be next.  Good point about being able to prove whether this was intentional.  I and at least one witness (who does not want to be involved) saw the driver stop the car and honk its horn immediately before accelerating and hitting me.  However since the vehicle had already impacted me and was actually carrying me down the road on its hood by the time it entered the camera's field of view, it seems intentionality could boil down to a "he said/she said" situation.

 

Thank you again for constructive advice.

 

 

[2long]

2 minutes ago, Steven Pattaya said:

the driver stop the car and honk its horn immediately before accelerating and hitting me.

Come on!

If you were in the road and he stopped, from 0 miles/kilometres per hour it's only possible to accelerate.

Were you on a 'road' or a place where vehicles can drive, or on a footpath or pavement? I know the answer, and wonder why you didn't get out of the way.

[Liverpool Lou]

3 hours ago, chuang said:

Intentionally hitting someone with a vehicle is culpable homicide.. correct me if I am wrong..555

You're wrong, this is Thailand, US offences don't count and there was no homicide, the person involved is alive and well, writing the OP.    Apart from that, you were correct.  

[driver52]

8 minutes ago, Steven Pattaya said:

My injuries are minor

so how much was your hospital bill?

methinks you just need to get over it and move on, sounds harsh but you are an alien in a foreign land......would you recognize the car again?

have a poop on his bonnet, might help you get it out of your system and send him a subtle reminder of his 'devious actions'

PS check both ways for security cameras before dropping your pants ????

[EricTh]

19 minutes ago, Steven Pattaya said:

  I and at least one witness (who does not want to be involved) saw the driver stop the car and honk its horn immediately before accelerating and hitting me.

 

 

If he honked you, how can that be intentionally? It means that he wants you to stay away from his path as soon as possible.  

 

If it is intentional, he won't give any warning and just ram through.

 

I have had cars honking at me from the back when they drive at fast speed while I was riding my motorbike before. The message is to 'move away'. Some Thai drivers are quite impatient, you can't ignore the honk.

 

Were you using a Zebra crossing?

 

Zebra crossing in Thailand means 'you cross when there is no incoming car' and not cross even if there is incoming car. The law here is different from western laws.

 

I have seen people who think that the traffic laws here are the same 'back home'.

 

Edited July 28, 2021 by EricTh

[Liverpool Lou]

22 minutes ago, Steven Pattaya said:

 My injuries are minor but perhaps a child or senior will be next.  Good point about being able to prove whether this was intentional.  I and at least one witness (who does not want to be involved) saw the driver stop the car and honk its horn immediately before accelerating and hitting me.  However since the vehicle had already impacted me and was actually carrying me down the road on its hood by the time it entered the camera's field of view, it seems intentionality could boil down to a "he said/she said" situation.

"...perhaps a child or senior will be next".

Completely irrelevant.  He cannot be punished for something he hasn't done that could happen in the future!

 

"I and at least one witness (who does not want to be involved)..."

No witnesses, then.

 

"the vehicle had already impacted me and was actually carrying me down the road on its hood by the time it entered the camera's field of view"

Yet you show a picture of you not being carried down the road on the bonnet but no picture of you on the bonnet?  How come?

Edited July 28, 2021 by Liverpool Lou

[2long]

New member (maybe a new account from an old member).

Bullsh*t story.

No sympathy.

Dare I say an attempt at getting lots of attention and replies because we're all bored under lockdown?

[Alwaysthailand]

4 hours ago, NE1 said:

Well that is the end of the story I am afraid. 

" How much officer . not a problem ".

NE1 is very right.  Not much one can do.  Just try to have eyes in the back of your head and be very careful.  

[bbko]

58 minutes ago, Liverpool Lou said:

"...perhaps a child or senior will be next".

Completely irrelevant.  He cannot be punished for something he hasn't done that could happen in the future!

 

"I and at least one witness (who does not want to be involved)..."

No witnesses, then.

 

"the vehicle had already impacted me and was actually carrying me down the road on its hood by the time it entered the camera's field of view"

Yet you show a picture of you not being carried down the road on the bonnet but no picture of you on the bonnet?  How come?

Ding Ding Ding, we have a winner!

[billsmart]

My advice is get a new lawyer.

I couldn't view the video, but no matter what it shows, it's not evidence that the driver "intentionally" hit you. 

 

Any legal action you take would be to recover damages, not to punish him. That's not your job here.
 

You can only sue him for damage he caused you, and unless the video shows you were doing something wrong, like walking in the street, just him hitting you should be enough evidence for that.

 

P.S. I am not a lawyer so this is all just my personal opinions.

 

[rwill]

14 hours ago, VocalNeal said:

Steve,

We were always taught to walk facing the traffic. Then you can see what is coming. Next time.

That does not always work in Thailand.

[actonion]

When Police and Insurance assesors ( like mine ) apply rules that happened in my case....  ..dont hold out too much hope.

 

I was driving my pick up on Sukhumvit road  when the line of traffic skidded to a halt, including me, seconds later i was smashed into from the rear, Police and my Insurance were called, the Thai who smashed into me had no Insurance,. I was blamed for the accident by Police & "MY" Insurance company, when i asked why, they said i had stopped to quickly ( in an emergency braking situation, i had to pay for my own damage 80.000 baht......Complaints to my  insurance remained unanswered

Edited July 29, 2021 by actonion

[Bundooman]

16 hours ago, chuang said:

Intentionally hitting someone with a vehicle is culpable homicide.. correct me if I am wrong..555

Not in Thailand - you just run home to Mummy and Daddy, wait till the police politely ask you numerous times to please, please, visit the police station, 'when you possibly have the time to do so', leave it to the family to provide large brown envelopes - and then disappear abroad for enough years, so that the charges expire. then, you can come back a hero!

 

besides which, the RTP probably can't spell 'culpable homicide', - let alone pronounce it or better still, have any idea what it is!

[hotchilli]

17 hours ago, scubascuba3 said:

A lawyer will get the ball rolling

And empty your pocket... 

[todlad]

15 hours ago, VocalNeal said:

Steve,

We were always taught to walk facing the traffic. Then you can see what is coming. Next time.

Exactly and my children are learning the self same lesson.

[Freddy42OZ]

17 hours ago, VocalNeal said:

Steve,

We were always taught to walk facing the traffic. Then you can see what is coming. Next time.

That only works if you need to walk in that direction. 

[canthai55]

21 minutes ago, Freddy42OZ said:

That only works if you need to walk in that direction. 

???? - Cross the Road !