Pedestrian hit by a car, need advice

[Salerno]

9 minutes ago, canthai55 said:

???? - Cross the Road !

One way street (again not really relevant in LOS).

[dj230]

16 hours ago, bbko said:

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. 

24k USD or 24k baht?

[The Theory]

15 hours ago, EricTh said:

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.

What's the difference then ???? Die on zebra or no zebra. ????

In Thailand lines mean nothing to drivers just like other lines that are dividers between lanes. Regarding enforcing the law, it is depends on who is sitting behind the desk after accident. 

 

[VocalNeal]

16 minutes ago, The Theory said:

Zebra crossing in Thailand means NOTHING

FTFY

[robblok]

16 hours ago, Steven Pattaya said:

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.

 

 

So minor injuries and you can't prove its intentional. Then the driver will get a fine. I would not waste any more money on this however frustrating it is. 

[itsari]

15 hours ago, EricTh said:

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'.

 

Thank you for the insight into Thai highway code when it comes to a zebra crossing . After so many years in Thailand I had no idea i can only cross when there is no traffic . Then I ask what is the point in all the wasted materials to create a zebra crossing at all . 

When you consider that there was many millions of tourists visiting here unaware of the law as you mention may explain for the thousands maimed or killed in Thailand on Zebra crossings over the years .

[MrJ2U]

20 hours ago, chuang said:

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

Policeman said it was inconclusive. 

[MrJ2U]

You will have to give the police some money to get the ball rolling.

 

5000 baht.

 

If you're medical bills are less its up to you.

Didn't the person stop? Say sorry? 

Unfortunately cars have the right of way in Thailand.

 

Hope your doing better.  The police inactivity probley hurts more than the injuries.

 

[MrJ2U]

9 minutes ago, itsari said:

Thank you for the insight into Thai highway code when it comes to a zebra crossing . After so many years in Thailand I had no idea i can only cross when there is no traffic . Then I ask what is the point in all the wasted materials to create a zebra crossing at all . 

When you consider that there was many millions of tourists visiting here unaware of the law as you mention may explain for the thousands maimed or killed in Thailand on Zebra crossings over the years .

At the same time its frustrating when a group of people walk in front of the traffic when they could have waited until you passed.

 

[itsari]

Just now, MrJ2U said:

At the same time its frustrating when a group of people walk in front of the traffic when they could have waited until you passed.

 

Yes I agree , that happens in Norway very often . Norwegians will walk out without even looking as it is there right . But that is not happening here in Thailand.

[1FinickyOne]

16 hours 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.

I hate to say it, but it sounds like you don't have much - not even injuries... I don't think your nobility is showing through in your hopes that he won't hurt an elderly person or child... that is a non-issue even less important than oyur having an eye witness who saw nothing they will talk about... 

 

What is your case? What is your damage? 

 

And maybe more importantly, why do you think the driver intentionally tried to run you down? That is possible but surely does not happen often, unprovoked... 

 

Just some questions that might be asked... your bringing in children and elderly who are not involved does make me a bit suspicious.. 

 

You are accusing him of intent - any idea of a motive? 

[thaibeachlovers]

21 hours ago, Steven Pattaya said:

A Thai lawyer says it is clear from the video that the driver intentionally hit me with his car,

Perhaps he's hoping the OP will hire him to take the case to court- baht in his eyes.

 

IMO the OP will pay a lawyer and get no recompense. Others may disagree.

[MrJ2U]

14 minutes ago, itsari said:

Yes I agree , that happens in Norway very often . Norwegians will walk out without even looking as it is there right . But that is not happening here in Thailand.

Same in the USA.

A little over the top in that way.

[bbbbooboo]

Hmmm... my impression when using pedestrian crossings in Thailand is that Thai drivers try to run you down instead of avoiding you. Another amazing experience in the land of smiles?(and you heard it here first)

[canthai55]

1 hour ago, Salerno said:

One way street (again not really relevant in LOS).

If it is a one way street - who cares what side of the road you walk on ? both sides face oncoming traffic

[Salerno]

1 minute ago, canthai55 said:

If it is a one way street - who cares what side of the road you walk on ? both sides face oncoming traffic

Not if your destination is in the same direction as the one way traffic.

[canthai55]

I must have magical powers ...

Been crossing the road all my life - never been hit

Zebra crossings, elephant crossing, Jesus crossings, whatever

[Salerno]

24 minutes ago, bbbbooboo said:

Hmmm... my impression when using pedestrian crossings in Thailand is that Thai drivers try to run you down instead of avoiding you. Another amazing experience in the land of smiles?(and you heard it here first)

The difference between LOS and a lot of Europe in this regard?

[userabcd]

 

Extract from the land traffic act 1979,

 

 

 

 

 

 

Edited July 29, 2021 by userabcd

[Boedog]

Get you lawyer to draft a letter outlining costs of personal injury, hospital bills extra and give him the opportunity to pay and state you will have him charged which is your right, you don't just get a ticket for hitting a pedestrian in a car, well unless your the heir to Red Bull that is

[richard_smith237]

22 hours ago, Steven Pattaya said:

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?

 

 

How can do you know the driver intentionally tried to hit you?

 

Did he swerve towards you? or was he stopped and accelerated hard at you ?

 

Or, was he doing what most Thai drivers seem to do?

 

i.e. You stepped out and expected that he would stop, he continued on expecting that you would not step out, or he continued on expecting you would ‘get out of the way’.... 

 

Obviously the driver should have stopped. Every driver should give way to a pedestrian, however, there are ‘cultural norms’ here which basically means the pedestrian crosses at their own risk.

Even if when the the driver is breaking the law in such circumstances, the police try to follow this ‘cultural norm’.

 

As others have suggested, a lawyer may help, but what is your end game? 

You won’t re-educate this driver or change his driving style, he won’t change or improve or be more courteous to pedestrians in future.  The driving standards of Thailand on a whole will not improve 

 

The only real question is - Do you want to exact some form of legal revenge against this guy if you really do believe he ’targeted’ you and hit you with his car - IF you do believe this, go for it, with a lawyer, especially if the evidence you have shows this. 

 

[EricTh]

2 hours ago, The Theory said:

What's the difference then ???? Die on zebra or no zebra. ????

In Thailand lines mean nothing to drivers just like other lines that are dividers between lanes. Regarding enforcing the law, it is depends on who is sitting behind the desk after accident. 

 

See my reply below

 

Edited July 29, 2021 by EricTh

[Smithson]

18 hours 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!

Of course it's relevant and nobody is suggesting he is preemptively punished. If someone drink drives without incident they are still charged because of the danger they present.

[EricTh]

2 hours ago, itsari said:

Thank you for the insight into Thai highway code when it comes to a zebra crossing . After so many years in Thailand I had no idea i can only cross when there is no traffic . Then I ask what is the point in all the wasted materials to create a zebra crossing at all . 

When you consider that there was many millions of tourists visiting here unaware of the law as you mention may explain for the thousands maimed or killed in Thailand on Zebra crossings over the years .

Crossing anywhere other than a zebra crossing is highly dangerous because Thai drivers will just come out of any corner and knock someone.

 

Crossing at a zebra crossing means that drivers know that somebody might cross there and will be more careful and slow down. 

 

It is the unmentioned law everywhere in southeast Asia (not just Thailand) and also India & China so most Asian visitors know this law.  The exception is Japan.

 

Unless there is a traffic light at the zebra crossing like the photo below, the drivers have no obligation to stop for you unlike western countries.

 

 

 

 

Edited July 29, 2021 by EricTh

[johng]

3 minutes ago, EricTh said:

Crossing at a zebra crossing means that drivers know that somebody might cross there and will be more careful and slow down. 

 

Warning of some disturbing  Thai  Zebra crossing  carnage !!!

 

[EricTh]

 

There was a similar situation where a westerner was knocked down at a zebra crossing a few years ago and refused to stand up and continued to berate the driver.

 

https://www.samuitimes.com/i-aint-going-anywhere-furious-farang-knocked-down-on-zebra-crossing-refuses-to-budge/

 

They say that zebra crossings in Thailand are not the same as those from where he is from – no one bothers to stop. 

 

 

 

[steevjee]

6 hours ago, actonion said:

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

So is there any Insurance company in Thailand that you might not recommend?

[Liverpool Lou]

22 minutes ago, Smithson said:

18 hours 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!

Of course it's relevant and nobody is suggesting he is preemptively punished. If someone drink drives without incident they are still charged because of the danger they present.

What are you talking about?   It was not relevant because he had done nothing that involved "children or seniors".      This is not about irrelevant drink driving, either

[canthai55]

This is not just a Thai thing.

Last year when working, was in town driving down the road.

Approached a corner and some dumb--- wearing headphones and staring at her fone screen just stepped onto the road. Did not even look - she sure heard the horn tho'

Want to stay alive on the road - pay attention

[sead]

I hit a new Mercedes with my scooter. He wanted 40000bht for some scratches. He said better make a deal now or call police. I said I'll wait for his insurance company. Then the father of the guy driving took the insurance guy on the side and I see him giving his drivers licence to the insurance guy. I went over and said why he is giving his I'd to the insurance company since it wasn't him driving. Afterwards the insurance guy told me we could settle this matter with 6000bht which I agreed on. So his son were driving without drivers license. So keep an eye on the date of drivers license if the guy suddenly provides it.