Verdict Upheld Against Bangkok Bus Company Over Death Of Student

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COURT

Verdict upheld against bus company over death of student

The Nation

BANGKOK: -- The Supreme Court yesterday upheld a lower court's verdict ordering the Bangkok Mass Transit Authority, operator of bus No 207, and the driver to pay Bt9,856,000 plus interest to the father of a university student who plunged to her death from a 207 bus seven years ago.

The five defendants are also required to jointly pay 7.5 per cent annual interest starting from the date when the accident occurred - September 14, 2004 - to Nam Chotimanas, whose daughter Piyathida, a university freshman, died when she hit her head on the sidewalk after falling from a 207 bus.

The judges ruled that although Piyathida was partly at fault by tripping on the front steps of the bus, but had the door of the bus operated properly, it should have been closed and the victim would not have been swung out of the bus, while it was taking a sharp left turn.

The five defendants were driver Thawim Saengdej, his superior Thanasit Worrachotehiransiri, concessionaire Chao Krasaechol, apart from BMTA who grants the concession to operate bus No 207 to the Bus 207 Transport Co.

Former bus owner Rerkchai Ruengkittiyos was ruled not at fault because he was formerly registered as a bus owner.

Speaking after hearing the verdict, Nam said accidents and deaths caused through the carelessness of drivers and operators of city buses were on a regular basis throughout the seven years, and that he would like his daughter's case to be a lesson for the sake of public safety.

-- The Nation 2012-03-09

[Curt1591]

Maybe they should have drove Porsches! Death by Porsche will only set you back 350,000 baht.

[draftvader]

I'm confused. She fell out whilst the bus was making a sharp LEFT turn? If the bus is turning left then you would be thrown back into the bus. Sharp right turn and you'll be thrown out. Is this just a mistake in the reporting or am I missing some other part of the story?

[Reasonableman]

The girl died when she fell from a bus. The driver and others were found legally responsible. TVF is not a court of appeal. Even if it were, you would need all the facts presented to the court. Slagging off in a fact-free environment may be fun, but please remember this girl died, and her family must be devastated.

Edited March 9, 2012 by Reasonableman

[rkidlad]

The girl died when she fell from a bus. The driver and others were found legally responsible. TVF is not a court of appeal. Even if it were, you would need all the facts presented to the court. Slagging off in a fact-free environment may be fun, but please remember this girl died, and her family must be devastated.

Okay, we'll wait until someone takes these crappy bus companies and their crappy drivers to court. We'll wait for the official verdict that they are indeed 'crappy' and 'unsafe' until we utter a bad word against them again.

It's not what you know it's what you can prove, right?

[craigt3365]

I use to watch these buses all the time. They don't fully stop when picking up or dropping off passengers. One reason I would never ride in them. And they are often massively over the limit of passengers, with some hanging out the doors. Same with the Baht buses that travel around Chonburi/Sattahip. Accidents waiting to happen.

[Reasonableman]

The girl died when she fell from a bus. The driver and others were found legally responsible. TVF is not a court of appeal. Even if it were, you would need all the facts presented to the court. Slagging off in a fact-free environment may be fun, but please remember this girl died, and her family must be devastated.

Okay, we'll wait until someone takes these crappy bus companies and their crappy drivers to court. We'll wait for the official verdict that they are indeed 'crappy' and 'unsafe' until we utter a bad word against them again.

It's not what you know it's what you can prove, right?

The verdict was that they were guilty. Two of the 3 initial comments questioned the validity of the verdict and made disparaging remarks about Thai logic/physics. Was that really appropriate, or relevant? I think not (IMHO).

I feel exactly the same as you do about bus safety, I assure you.

[scorecard]

The girl died when she fell from a bus. The driver and others were found legally responsible. TVF is not a court of appeal. Even if it were, you would need all the facts presented to the court. Slagging off in a fact-free environment may be fun, but please remember this girl died, and her family must be devastated.

Okay, we'll wait until someone takes these crappy bus companies and their crappy drivers to court. We'll wait for the official verdict that they are indeed 'crappy' and 'unsafe' until we utter a bad word against them again.

It's not what you know it's what you can prove, right?

Your completely missing the point that reasonableman was making.

[BookMan]

On hot days, in the non air conditioned buses, the front and back doors always seem to be open. On a straight road with sudden stopping or lane changing I have thought more than once how easy it would be to lose your balance and fall out the door.

[daninthai]

The girl died when she fell from a bus. The driver and others were found legally responsible. TVF is not a court of appeal. Even if it were, you would need all the facts presented to the court. Slagging off in a fact-free environment may be fun, but please remember this girl died, and her family must be devastated.

Okay, we'll wait until someone takes these crappy bus companies and their crappy drivers to court. We'll wait for the official verdict that they are indeed 'crappy' and 'unsafe' until we utter a bad word against them again.

It's not what you know it's what you can prove, right?

The verdict was that they were guilty. Two of the 3 initial comments questioned the validity of the verdict and made disparaging remarks about Thai logic/physics. Was that really appropriate, or relevant? I think not (IMHO).

I feel exactly the same as you do about bus safety, I assure you.

You're mistaken. Re-read the first 3 comments. None of them, none, questioned the validity of the verdict. Others are free to comment as they wish (within the rules) and don't need your approval to do so.

[soundman]

I have removed numerous off topic posts.

Please try to debate/discuss the topic at hand.

[connda]

Humm, if it was the daughter of a rural farmer, the payout would have been closer to 100,000 baht. The university student must have a daddy who is a "somebody".

And good luck getting that 9 million baht. But interesting precedent. The judge must watch reruns of Judge Judy on satellite TV. That's getting up there with the payouts in US civil court. However, in the US, the bus company would have an insurance policy that would probably have paid out that much and more.

Edited March 9, 2012 by connda

[draftvader]

I'm confused. She fell out whilst the bus was making a sharp LEFT turn? If the bus is turning left then you would be thrown back into the bus. Sharp right turn and you'll be thrown out. Is this just a mistake in the reporting or am I missing some other part of the story?

The girl died when she fell from a bus. The driver and others were found legally responsible. TVF is not a court of appeal. Even if it were, you would need all the facts presented to the court. Slagging off in a fact-free environment may be fun, but please remember this girl died, and her family must be devastated.

I know that there are deleted posts, but I am not sure whether this post is aimed at me or not. If not then it is just unfortunate "pruning" that makes it look like it is. If it is then I should clarify that I am not aiming at questioning the judgements, merely looking to question physics, specifically centrifugal forces. A bus taking a sharp left turn will, due to centrifugal forces throw people to the right and, if standing in the doorway, into the bus. If you are unclear go and catch a bus in Thailand today, don't be picky, you'll experience this on every bus here. According to the journalist the person was thrown out of the bus whilst it was making a sharp left turn. Unless there are buses with doors on the right in Bangkok then this detail appears to be incorrect.

At most I am questioning poor reporting. Please read my original post again and see if you can find me questioning the judgement.

---edit---

or "I am missing some other part of the story". Could I be more self efacing?

Edited March 10, 2012 by draftvader

[BookMan]

I'm confused. She fell out whilst the bus was making a sharp LEFT turn? If the bus is turning left then you would be thrown back into the bus. Sharp right turn and you'll be thrown out. Is this just a mistake in the reporting or am I missing some other part of the story?

The girl died when she fell from a bus. The driver and others were found legally responsible. TVF is not a court of appeal. Even if it were, you would need all the facts presented to the court. Slagging off in a fact-free environment may be fun, but please remember this girl died, and her family must be devastated.

I know that there are deleted posts, but I am not sure whether this post is aimed at me or not. If not then it is just unfortunate "pruning" that makes it look like it is. If it is then I should clarify that I am not aiming at questioning the judgements, merely looking to question physics, specifically centrifugal forces. A bus taking a sharp left turn will, due to centrifugal forces throw people to the right and, if standing in the doorway, into the bus. If you are unclear go and catch a bus in Thailand today, don't be picky, you'll experience this on every bus here. According to the journalist the person was thrown out of the bus whilst it was making a sharp left turn. Unless there are buses with doors on the right in Bangkok then this detail appears to be incorrect.

At most I am questioning poor reporting. Please read my original post again and see if you can find me questioning the judgement.

---edit---

or "I am missing some other part of the story". Could I be more self efacing?

The report doesn't say the bus took the sharp left turn at speed. The bus could have taken a sharp left turn at slow speed, the girl is on or near the front steps, she goes to grab hold of something, the bus jerks or brakes suddenly while turning left, She trips and falls out the door. Seems more than plausible. Lot of scenarios you could trip and fall while the bus is making a left turn.

Not sure at all if there is any poor reporting.

[Reasonableman]

[TallGuyJohninBKK]

10 million baht strikes me as one heck of a large civil verdict for a single death case in Thailand.

I'm not saying it's not deserving for the death of a family's child. But people get killed all the time here and their families end up getting a pittance by comparison.

I'm real curious what led to such a large award in this case.... I also hope the award does serve one of its supposed purposes, and that's to put bus company operators on alert that they will be held responsible for rider safety.

PS - -That's a good and well-reasoned editorial linked above by The Nation. It pretty well explains why a lot of the bus service around BKK is served up on shoddy buses driven by who knows what kind of operators.

Edited March 10, 2012 by TallGuyJohninBKK