Female Driver killed in North Pattaya road crash

[chrissables]

Shouldn't be hard to track down who the driver was. Finding him could be a problem. The company who employed this nut job should be fined big time. Maybe they'll start vetting their drivers better after a multi-million Baht fine.

Assuming that the van company was not involved in any way with the accident, why should the van owner be punished for the driver's irresponsibility? How would the company vet an individual for a propensity to do a runner after a fatal road accident?

A company is always responsible for the actions of their employees, and customers in their care. One reason they carry big insurance policies. Or in the case of Thailand, operate shell companies they close when problems arise. No assets to go after and they just move on and open another one.

These companies don't vet their drivers very well. Hours are not controlled properly. Equipment is not maintained properly. Random drug tests are not administered. Drivers sometimes don't even have the proper licenses. (one comment edited by moderator)

A company maybe liable, but that does not always make it right. If they vetted the driver, ensured his license was real, instructed him/her to always drive within the law etc, what more can they do? How exactly can they sitting in the company office stop the driver from fleeing the accident for example. Governments make companies liable as it's easier for them to to prosecute and persecute companies than employees.

[craigt3365]

What can the driver of minivan do at the scene? Wait for some relative of the victim to arrive with a pistol? Many if not all thais would leave the scene of accident to head straight to the police station. This way, the victim stays the victim and the accused stays accused until the law makers come to a verdic.

If any accused stood still at a fatal accident scene will definately not stay in one complete piece....not in LOS.

These reports in TV only tells half the story so to give room for loyal readers to expand their imagination and more would chew on the same bone and the advertisers would be pleased with the ratings and ultimately mass media achieved its purpose.

In the accidents I've seen and many I've read about, the Thais do not leave the scene. Many stay to help and wait for the police to arrive. But yes, some do a runner and then show up at the police station days later. Normally after an arrest warrant has been issued.

[craigt3365]

Shouldn't be hard to track down who the driver was. Finding him could be a problem. The company who employed this nut job should be fined big time. Maybe they'll start vetting their drivers better after a multi-million Baht fine.

Assuming that the van company was not involved in any way with the accident, why should the van owner be punished for the driver's irresponsibility? How would the company vet an individual for a propensity to do a runner after a fatal road accident?

A company is always responsible for the actions of their employees, and customers in their care. One reason they carry big insurance policies. Or in the case of Thailand, operate shell companies they close when problems arise. No assets to go after and they just move on and open another one.

These companies don't vet their drivers very well. Hours are not controlled properly. Equipment is not maintained properly. Random drug tests are not administered. Drivers sometimes don't even have the proper licenses. (one comment edited by moderator)

"A company is always responsible for the actions of their employees," Nonsense.

"Or in the case of Thailand, operate shell companies they close when problems arise." Doubtless you have some evidence for this assertion?

Not nonsense. It's a company car, company employee, company problem. They are definitely liable. Otherwise, why would so many sue these transport companies for accidents like this? And the company's insurance provider pays up if they are not liable?

http://www.thaivisa.com/forum/topic/676995-insurance-firm-to-pay-lampang-crash-victims/

This video talks about shell companies, and the dangers of public transport here in Thailand:

http://www.channel4.com/news/the-undocumented-dangers-of-thailands-roads

Go to 6:45 for a discussion of shell companies.

[Asiantravel]

Shouldn't be hard to track down who the driver was. Finding him could be a problem. The company who employed this nut job should be fined big time. Maybe they'll start vetting their drivers better after a multi-million Baht fine.

Assuming that the van company was not involved in any way with the accident, why should the van owner be punished for the driver's irresponsibility? How would the company vet an individual for a propensity to do a runner after a fatal road accident?

It doesn't matter. If the driver was an employee of a company then the company can be held responsible. It's called vicarious liability where an employer is responsible for the employee's actions and a Thai lawyer previously confirmed to me that this law does apply in Thailand.

Yes, the vicarious liability theory of law seems not to exist in Thailand. Companies hire people, seemingly without any responsibility, even though the employee is acting as an agent for the company. Perhaps we shall see the law changed in this area.

RIP dear lady, regardless of shared responsibility. I hope the "runner" is found and held to answer.

" Yes, the vicarious liability theory of law seems not to exist in Thailand. "

You are wrong, according to Somsak Lawyer who provides the service on this forum entitled " ask the lawyer "

http://www.thaivisa.com/forum/topic/723142-vicarious-liability/

Edited July 27, 2014 by Asiantravel

[glasswort]

Shouldn't be hard to track down who the driver was. Finding him could be a problem. The company who employed this nut job should be fined big time. Maybe they'll start vetting their drivers better after a multi-million Baht fine.

Assuming that the van company was not involved in any way with the accident, why should the van owner be punished for the driver's irresponsibility? How would the company vet an individual for a propensity to do a runner after a fatal road accident?

You are joking of course.

[petercool]

post removed for altering quote

[Asiantravel]

Shouldn't be hard to track down who the driver was. Finding him could be a problem. The company who employed this nut job should be fined big time. Maybe they'll start vetting their drivers better after a multi-million Baht fine.

Assuming that the van company was not involved in any way with the accident, why should the van owner be punished for the driver's irresponsibility? How would the company vet an individual for a propensity to do a runner after a fatal road accident?

It doesn't matter. If the driver was an employee of a company then the company can be held responsible. It's called vicarious liability where an employer is responsible for the employee's actions and a Thai lawyer previously confirmed to me that this law does apply in Thailand.

We'll see in due course. And if you're going to quote my post in your response in future make sure that you do not alter it as you did this one, that contravenes the forum rules.

My most humble sincere apologies for highlighting the part of your post in bold, which I thought was relevant to my response

[AntiWinter]

I suspect that both parties may be to blame for this one. The van was alleged to be traveling too fast (in excess of the speed limit of 60 kpm?).

From my personal experience riders of motorbikes who cut across the road expect you to get out of their way, or are in a total dream world and don't even know you are on the road too!

I always drive within the speed limit and I am very carful, but I have a near miss with some idiot on a motorbike every time I go out (Yah! I know, I should stay off the road!)

So consider, the little old lady on the motorbike may not be totally blameless!

This is not Thai bashing, as some farangs on motorbikes seem to be total idiots and far worse than the Thais!

But let's also not forget that these Thais in their 70's and over have been using Motorcycles as a way of life before Tourists or the population had grown so much. They deserve (at that age) to keep driving the way they have been for 60 years or more and it is up to US and all other drivers Thai or Farang to drive with respect to all laws and people. If they/we did remember this then these old people could all be safe (this included drinking & driving).

Thais in general are "present tense people" by culture, and this is why you ALWAYS see them pulling onto another road without looking to see what is coming etc. Now a Thai at that age is definetly a candidate for this as 60 years ago Pattaya had no paved streets let alone traffic.

I agree with fining these companies millions of baht and then they might screen their drivers better.

And yes, most flee because they are drunk.