Mum Of U K Crash Victim Joins Campaign About The Risks Of Travelling In Thailand

[webfact]

ROAD SAFETY
Mum of UK crash victim joins campaign
Saowanee Nimpanpayongwong
The Nation


Rachel Robinson

Looks to raise awareness after son died in 2010 bus accident

BANGKOK: -- A British woman is taking part in a campaign to raise awareness in the United Kingdom about the risks of travelling in Thailand after losing her teenage son in a road accident here three years ago due to the lack of safety features on a bus he travelled on.

Rachel Robinson has called on Britons to exercise caution when travelling in Thailand, saying a large number of tourists from the UK are killed in road accidents here every year.

World Health Organisation (WHO) statistics reveal a high road casualty rate in Thailand - 39.1 per 100,000 people in 2011, which was the highest in Southeast Asia and third highest in the world. But Robinson and the WHO report did not have data on how many people from the UK were killed in accidents in Thailand in recent years.

Felix Robinson, 19, was killed when a bus he was travelling in collided with another vehicle in Ranong's Kra Buri district on May 11, 2010. He was about to study economics at Manchester University in September that year. The young man, the sole fatality in that crash while many other passengers were injured, was an adept musician who taught music for free to Thai children living in the North.

Robinson said there were no seatbelts attached to seats on the bus her son was on, plus little tread on any of the bus tyres. She said many seats were unstable and the speedometer showed that the vehicle was speeding in excess of legal limits before the collision. A Brighton-based coroner, Veronica Hamilton-Deeley, said later that the collision was "entirely avoidable".

The mother said her family was promoting awareness over poor safety features associated with public transport in Thailand as well as pursuing legal action against the company that operated the bus and the driver who fled the scene.

At a trial on April 29, which Robinson attended, the unnamed driver pleaded guilty - after hiding for two years. She said her family was considering filing a civil lawsuit against the unnamed company, but was still compiling evidence against the owners and bus managers, who discontinued the operation and opened a new company to continue operating the service.

She said she planned to meet with the Land Transportation Division and its local office in Ranong to query why the bus, which had recently passed an inspection, had worn-out tyres without tread on them.

With Thailand being a fast-developing country, she felt road casualties should be easily reduced through safety measures that should be adopted through strict and transparent enforcement by motor vehicle authorities. "Drivers should be trained and tested frequently, and safety belts and other safety features are made prime requirements for granting a concession," she said.


-- The Nation 2013-05-06

[jalansanitwong]

I wish her luck but nothing will change here.

Its the risque type of adventure in Asia that draws people in, including this womans son.

Unfortunately for his family he became one of the daily stats here.

[Payboy]

.....as well as pursuing legal action against the company that operated the bus and the driver who fled the scene.

At a trial on April 29, which Robinson attended, the unnamed driver pleaded guilty - after hiding for two years. She said her family was considering filing a civil lawsuit against the unnamed company, but was still compiling evidence against the owners and bus managers, who discontinued the operation and opened a new company to continue operating the service.

She said she planned to meet with the Land Transportation Division and its local office in Ranong to query why the bus, which had recently passed an inspection, had worn-out tyres without tread on them.

Good luck with that.

[Locationthailand]

An admission of cowardice by the owners, closing down the old company and operating under the new company. This does not avoid charges of criminal negligence or culpability under normal law but then this is Thailand. The fact they did what they did to 'avoid' prosecution shows they most likely are still operating with absolutely no changes whatsoever to the MO. I wish the woman lick in her quest but it can only bring awareness to her fellow Brits but not peace to her grief unless these crooks are charged.

[meatboy]

unfortunely this is just another sad case to lose a son at 19yrs old with his life in front of him i wouldnt even think i could cope.what she is trying to do i'am afraid she would be better off highlighting what happens here in thailand in the uk.i saw an interveiw with her on tel.where she said if she can change things as to help thai people be aware then she will have achieved something sadly this will not happen.as for the civil lawsuit i hope she goes ahead.

[JetsetBkk]

who discontinued the operation and opened a new company to continue operating the service.

Similar to double-glazing companies in the UK.

the bus, which had recently passed an inspection, had worn-out tyres without tread on them.

It's a requirement - they go faster with slick tyres.

[allalong]

What about more active support by the FCO .Uk embassy?:lol::lol::lol:

Sent from my GT-S7500L using Thaivisa Connect Thailand mobile app

[stingray]

Locals save money everywhere. Profit is rule no. 1. Safety means nothing to them. As a foreigner you can't sue them. The usual game: closing company, story over, open new company under new name. As a foreigner you have no chance to get anything from them. Remember: This isn't UK!

[guru]

The British are one of few who have updated their travel advice.

"Serious accidents involving other vehicles including cars, coaches and mini-buses also occur. Many accidents are due to poor vehicle and driver safety standards. There have been a number of accidents involving overnight coach travel."

https://www.gov.uk/foreign-travel-advice/thailand/safety-and-security

[Tywais]

As a foreigner you can't sue them.

Nonsense.

Thai natural and juridical persons, as well as those domiciled in Thailand can bring suits against any defendant. Non-nationals and non-domiciled persons and entities can sue defendants domiciled in Thailand. Foreign persons or entities suing in Thailand need not be physically present in the country during the entire course of the suit. A lawyer in Thailand may file suit on the foreigner's behalf, and the foreign litigant may reserve personal appearance only when required by the court to give testimony against the contending party. Jurisdiction is determined by law alone. Venue may be waived, or may be subject to the agreement of parties.

The petitioning party is responsible for requesting the court to issue the summons against the respondent. A separate petition must be filed to request the court to serve the complaint and summons to the defendant. A reasonable amount of time is allowed for the service. If the defendant is not domiciled in Thailand, service of summons must be done through diplomatic channels. Foreign judgments are not enforceable in Thailand. A separate suit needs to be filed, and the foreign judgment is presented as evidence in the new case. In such cases, the court will necessarily examine whether the foreign court which decided the case had jurisdiction and whether the judgment was final.

Siam-Legal

[Songhua]

The British are one of few who have updated their travel advice.

"Serious accidents involving other vehicles including cars, coaches and mini-buses also occur. Many accidents are due to poor vehicle and driver safety standards. There have been a number of accidents involving overnight coach travel."

https://www.gov.uk/foreign-travel-advice/thailand/safety-and-security

No doubt many travellers (including the young one's) read this very good advice too guru. But how many really heed (or believe) it?

Our latest visit to Phuket ...

My very first words to my son and his mate: 'you are NOT to rent motorcycles or jetski's'.

The very first thing they did the next morning: rented jetski's.

I feel very sorry for the poor mum - the worst kind of loss - but she's fighting an uphill battle unfortunately.

[mikecwm]

I have an 18 year old son about to take his first un-parented foreign trip, so I feel for her loss. Children should never die before their parents.

The slick tyres - well, if the bus had recently passed an inspection then someone should pay for that obvious error.

Regarding the lack of seat belts in the bus. Does any passenger bus anywhere in the world have seat belts?

Do the smaller Toyota buses in Thailand have passenger seat belts? I know full sizes buses don't.

Anyway - good luck to her in her uphill challenge. I doubt suing a company now out of business is going to be easy - or fruitful.

[Scorpio1949]

Every effort to do something about safety on the road is one. Wish the lady success and hope she will find peace in mind regarding the loss of her son.

[masuk]

I have an 18 year old son about to take his first un-parented foreign trip, so I feel for her loss. Children should never die before their parents.

The slick tyres - well, if the bus had recently passed an inspection then someone should pay for that obvious error.

Regarding the lack of seat belts in the bus. Does any passenger bus anywhere in the world have seat belts?

Do the smaller Toyota buses in Thailand have passenger seat belts? I know full sizes buses don't.

Anyway - good luck to her in her uphill challenge. I doubt suing a company now out of business is going to be easy - or fruitful.

On my last trip to Mae Sai, the Green Coach had seat belts. I wore mine, but suspect I was the only one in the bus who did.

I believe they're compulsory in Australia, but not sure which buses must use them. Possibly the intercity lines.

[winstonc]

its a requirement for all passenger carriers in the uk to have seatbelts ,has been for a couple of years,,

[terryp]

Foreign persons or entities suing in Thailand need not be physically present in the country during the entire course of the suit

WRONG!!!! ...Tell that to all the Rape victims that are MADE to return back to Thailand to GIVE EVIDENCE ...or the case is dismissed due to lack of evidence

[winstonc]

i believe it should be law for any travel company or website to make you read (if possible,or read to you) the pitfalls not just thailand but anywhere when going abroardand make you sign a disclaimer, so that your aware of what may happen,that way their covered and you understand,if your bright enough,,or is that to logical

[Pattaya28]

This is Thailand. Thais choose to "opt out" of many safety procedures. Their option, their country. We can choose to adopt their lifestyle, our option.

Makes no sense to educated foreigners to, for example, drive on slick tyres, but, to Thais, being generally uneducated, it's quite normal. Nothing to even think about!

And the authorities, same story, uneducated, and choose not to implement any kind of sensibility. Again, their choice, their country.

[Tywais]

Foreign persons or entities suing in Thailand need not be physically present in the country during the entire course of the suit

WRONG!!!! ...Tell that to all the Rape victims that are MADE to return back to Thailand to GIVE EVIDENCE ...or the case is dismissed due to lack of evidence

Selective reading I see - "need not be physically present in the country during the entire course of the suit"

[wiyada]

All foriegn travel carries a risk as does crossing a road in your home country. Whilst to lose a child is sad it is a fact of life that these sort of accidents happen regularly through Asia. These are developing countries, not unlike the West 50 years ago. Their values on human life are different from ours, change will happen but it will be slow, trying to get legal redress would be like banging your head against a brick wall but more expensive.

[bikerider21]

First go to India then come back here and say how good the driving is.

[bender92]

Google "bus crash USA". You can die anywhere, third world or first world.

[chuang]

First go to India then come back here and say how good the driving is.

Then to China...

[bender92]

its a requirement for all passenger carriers in the uk to have seatbelts ,has been for a couple of years,,

And how many people ignore them? I wouldn't use seat-belts on a bus.

[delgarcon]

One of the problems associated with providing legitimate transport is the cost of maintaining a good and safe service. I had a transport company in France for a while and the rules and regulations were almost prohibitive, but necessary. Vehicles were rigorously checked every year, bus drivers go nowhere without a tachometer, every driver has to have an annual medical and paperwork is checked regularly at random.

BUT, young Felix and many thousands like him come here looking for a cheap holiday and cheap transport, you've only got to read the forums! Do they ask the bus driver where the seat belts are, do they notice the tyres? As jalansanitwong says, they're here on an adventure, what's a couple of bald tyres between friends?

As long as there is no properly controlled legislation to stop these operators, they will continue their practice and carry on killing tourists.

If you want to avoid the dangers, get a plane or a ferry.

Very sad for Mrs Robinson, but suing the bus company is not going to make one iota of difference to the public transport system in Thailand!

Edited May 6, 2013 by delgarcon

[Secondmouse]

Foreign persons or entities suing in Thailand need not be physically present in the country during the entire course of the suit

WRONG!!!! ...Tell that to all the Rape victims that are MADE to return back to Thailand to GIVE EVIDENCE ...or the case is dismissed due to lack of evidence

I don't think you read what Siam Legal wrote....he said...." A lawyer in Thailand may file suit on the foreigner's behalf, and the foreign litigant may reserve personal appearance only when required by the court to give testimony against the contending party"....seems pretty clear...

[Chrisswe]

O Yes , the risks are great ! After 16 year's living in big and small town's.I have some experience about the back side of the land of smile. Tourists must be aware of Corrupted Police force, Thai and farang Maffia, a human life is nothing worth. Thailand is still an undeveloped country regarding education and information. One of the most dangerous travel you can do is by Bus due to driver's bad or no education , no fix working time, to handel long working hours they often use Drugs (Yaba or Ice) or Alcohol. We all know what's happen when the effect of drug's run out! So when you come here to Thailand purchase a great secure incurance , and don't trust what's behind that smile! Remind the word Honest don't even exist in theres dictionary.

[allan michaud]

Without wishing to appear callous and with the greatest of respect to the mother of the deceased...

"World Health Organisation (WHO) statistics reveal a high road casualty rate in Thailand - 39.1 per 100,000 people in 2011, which was the highest in Southeast Asia and third highest in the world."

So with the Songkran death toll rising over the past 2 years, Thailand must be well on course to become a world leader.

[yourauntbob]

I wish more parents and relatives would take up the cause as she has. Change needs to start somewhere although i dont see it happening any time soon.

[Genericnic]

As a foreigner you can't sue them.

Nonsense.

Thai natural and juridical persons, as well as those domiciled in Thailand can bring suits against any defendant. Non-nationals and non-domiciled persons and entities can sue defendants domiciled in Thailand. Foreign persons or entities suing in Thailand need not be physically present in the country during the entire course of the suit. A lawyer in Thailand may file suit on the foreigner's behalf, and the foreign litigant may reserve personal appearance only when required by the court to give testimony against the contending party. Jurisdiction is determined by law alone. Venue may be waived, or may be subject to the agreement of parties.

The petitioning party is responsible for requesting the court to issue the summons against the respondent. A separate petition must be filed to request the court to serve the complaint and summons to the defendant. A reasonable amount of time is allowed for the service. If the defendant is not domiciled in Thailand, service of summons must be done through diplomatic channels. Foreign judgments are not enforceable in Thailand. A separate suit needs to be filed, and the foreign judgment is presented as evidence in the new case. In such cases, the court will necessarily examine whether the foreign court which decided the case had jurisdiction and whether the judgment was final.

Siam-Legal

An interesting discussion of jurisdiction, venue, domestication of foreign judgments, etc. What is not discussed is the likelihood of prevailing as a foreigner against a Thai national or Thai juridical person. Even in the U.S. where I practiced law for some 27 years, we had a concept called being "hometowned ." You were at a significant disadvantage if you had to file suit in someone else's hometown due to the bias in favor of the local party and the prejudice against the out of towner. Being hometowned could occur whether the out of towner was from the next county, a different state, or a different country. In this respect, I doubt that Thailand is any different. And that is not even taking into consideration Thailand's reputation - even among Thais - for tolerating corruption. I would be very curious to see a breakdown of the outcomes of cases filed by non-Thais against Thais, especially those showing the number of times non-Thaishave prevailed. My guess would be that it is very low.

I never enter any transaction in Thailand (or any other place for that matter) without heeding that old Latin maxim: caveat emptor.

David

Edited May 6, 2013 by Genericnic