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Tragic Tuk Tuk Accident: Israeli Family Declines Legal Action


webfact

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The parents of a five-year-old Israeli girl who tragically died after falling from a Tuk Tuk taxi have decided not to pursue legal action against the driver.


Our previous story:

The driver of the Tuk Tuk he was compelled to execute an abrupt stop due to a pedestrian crossing the road on Taweewong Road. The parents recounted to the police that their daughter fell from the Tuk Tuk and was then tragically run over by an oncoming vehicle from behind.

 

Now for the update:
Lieutenant Colonel Eakkachai Siri of the Phuket Tourist Police clarified to the Phuket Express that after reviewing CCTV footage, it was confirmed that no vehicle from behind was involved in the incident.

 

By Goongnang Suksawat

PHOTO: Phuket Time News

 

Full story: THE PHUKET EXPRESS 2024-05-22

 

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Tragic accident as already mentioned no seat belts in Tuk Tuks 

Looks like the Tuk Tuk driver at fault braking hard 

Would there be any point in Sueing as he will have nothing 

 

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5 minutes ago, shackleton said:

Tragic accident as already mentioned no seat belts in Tuk Tuks 

Looks like the Tuk Tuk driver at fault braking hard 

Would there be any point in Sueing as he will have nothing 

 

 

It could also be a jaywalker at fault. Although we don't know if it was at a pedestrian crossing or not. 
 

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The driver of the Tuk Tuk he was compelled to execute an abrupt stop due to a pedestrian crossing the road on Taweewong Road

 

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7 hours ago, Jingthing said:

Very tragic.

But why sue.

You can't get blood out of a stone.

Some lawyers can... but CCTV rather screwed up their chances.

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I hate tuk tuks with venom.  From having my phone stolen back in 2005 and then the ride from hell I had in April culminating in a back injury.  The guy was throwing the tuk tuck about putting it up on 2 wheels several time and going over speed bumps at full speed. Never again. I blame.e the tuk tuk driver for not paying attention and driving to fast for the conditions. Unless the pedestrian ran into the road he should have been able to notice and slow down. Tragedy. Get in a taxi the prices are near enough the same.

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9 hours ago, webfact said:

Now for the update:
Lieutenant Colonel Eakkachai Siri of the Phuket Tourist Police clarified to the Phuket Express that after reviewing CCTV footage, it was confirmed that no vehicle from behind was involved in the incident.

 

Good that there is a follow up...  How was the initial story so fundamentally incorrect (when stating a following vehicle hit impacted the child)... 

 

... So very tragic...   but I think the parents are correct not to want to charge the TukTuk driver, ultimately, they are responsible. 

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1 hour ago, SS1 said:

 

It could also be a jaywalker at fault. Although we don't know if it was at a pedestrian crossing or not. 
 

 

It could be for any reason that a moving vehicle is forced to stop quickly...   I don't think a jaywalker could be at fault for a child falling out of a tuktuk unless the tuktuk driver was proven to be driving recklessly.

 

 

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A bit of refresher in law.

"Fasten up: Car seats for kids are now mandatory in Thailand," Aug. 19, 2023, https://www.nationthailand.com

  • Children under six years old must be placed in car seats that have proper harnesses and have passed the safety standards of the Thai Industrial Standards Institute or the drivers of the vehicles they are in will face fines of up to 2,000 baht, the Royal Thai Police (RTP) have announced.
  • rules apply to all private cars, pickups and minivans, but have not been extended to public vehicles, including buses or vans.
  1. Motorists who do not have a car seat are allowed to let children under six in their vehicle as long as three rules are followed:
  2. Children must be placed in the back seat of vehicles with more than four seats, or in the front passenger seat of pickup trucks, but never in the truck’s bed.
  3. Seat belts and harnesses must be fastened at the child’s waist.
  4. Drivers must travel at slow speeds in the leftmost lane of all roads and highways.

The legal question this law and rules apply to tuk tuks? Literally I'd say "no" but the intent "maybe." Other than the tuk tuk driver had to be aware of the child riding in the back without any safety equipment and should have moderated his driving accordingly, ie., rule no. 4. But the parents are also negligent not to assure their child's safety, so simple as to hold the child securely.  

 
 
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3 hours ago, SS1 said:

 

It could also be a jaywalker at fault. Although we don't know if it was at a pedestrian crossing or not. 
 

 

that really does not matter.. as thailand has laws giving the pedestrians the right of way always. 

Most likely the Tuk tuk was driving too fast in a rural area or near a crosswalk. having to brake quickly threw out the passenger. Driver would be at fault for not demanding seatbelts and driving erratically. 

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3 hours ago, proton said:

Amazed more don't get killed falling off songtoews, they get packed with schoolkids hanging on

a firends friend did, fractured his skull, was in hospital here for a while, i forget how long, pretty sure it was his honeymoon too.

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3 hours ago, Srikcir said:

the tuk tuk driver had to be aware of the child riding in the back without any safety equipment and should have moderated his driving accordingly

 

How does one go about 'emergency braking' with moderation ???

 

59 minutes ago, lavender19 said:

Bit strange really. If you brake sharply you usually travel forwards. Not backwards out of the tuk tuk

 

I also struggle to understand how this happened...  initially I thought the tuk-tuk was a 'side loader', but was corrected by another poster in a different thread - where it was explained that in local news the tuk-tuk was a 'rear-loader'... 

 

So, I'm wondering how the child fell out under heavy braking.

 

 

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7 minutes ago, richard_smith237 said:

So, I'm wondering how the child fell out under heavy braking.

 

the story is hella strange. 

 

as you said earlier how was this story so totally misreported in the beginning. its a rather huge detail when you state that the girl fell out and was run over. but now its not that. 

 

how do parents get that sort of detail wrong ? 

 

you know what officer come to think about it my daughter did not get killed by a car behind us. errr what.

 

parents were initially lying....but why. embarrassment maybe ? 

 

 

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1 hour ago, richard_smith237 said:

How does one go about 'emergency braking' with moderation ???

By lower speed that would allow a safe emergency stop without passenger whiplash.

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There is nothing safe about tuk tuks, but anyone with a functioning set of eyes and half a brain should be able to determine that before stepping foot inside.

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Posted (edited)
5 hours ago, stoner said:

 

the story is hella strange. 

 

as you said earlier how was this story so totally misreported in the beginning. its a rather huge detail when you state that the girl fell out and was run over. but now its not that. 

 

how do parents get that sort of detail wrong ? 

 

you know what officer come to think about it my daughter did not get killed by a car behind us. errr what.

 

parents were initially lying....but why. embarrassment maybe ? 

 

 

The parents are from India trying to speak English to a Thai person trying to understand English during a very traumatic time. 

Also, Thais aren’t good with news stories in the first place.

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57 minutes ago, ericthai said:

The parents are from India trying to speak English to a Thai person trying to understand English during a very traumatic time. 

Also, Thais aren’t good with news stories in the first place.

 

Israel and India are two very different countries but yeah, for sure the language barrier doesn't help on the Thai side. Most Israelis actually speak very good English.

 

When one is involved in a traumatic event like an accident, the shock can affect memory and distort what really happened. I broke my leg in a freak accident and I was very adamant when speaking to the doctor afterwards, that the broken bones in my leg had pierced through the skin but it never happened. My deepest sympathy to the parents, I can't imagine how horrible they must feel to lose their 5 year old daughter this way.

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1 hour ago, ericthai said:

The parents are from India trying to speak English to a Thai person trying to understand English during a very traumatic time. 

Also, Thais aren’t good with news stories in the first place.

 

  From India ?

Report states that they are Israeli 

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3 hours ago, Ohyesuare said:

 

Israel and India are two very different countries but yeah, for sure the language barrier doesn't help on the Thai side. Most Israelis actually speak very good English.

 

When one is involved in a traumatic event like an accident, the shock can affect memory and distort what really happened. I broke my leg in a freak accident and I was very adamant when speaking to the doctor afterwards, that the broken bones in my leg had pierced through the skin but it never happened. My deepest sympathy to the parents, I can't imagine how horrible they must feel to lose their 5 year old daughter this way.

Sorry thought I read India.

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