I hit someone today

[Frogmountain]

I was behind the wheel and waiting to make a right turn into my housing development. As I start to make the turn, there's a huge bang, a motorbike flips and two people fly off and go rolling. They tried to pass me on my right while I was making the turn. The bike actually got caught on my front bumper and ripped the whole thing off. The poor woman on the back of the bike had no helmet and was pretty cut up. She may have a broken bone or two. They didn't lose consciousness and I'm praying they were not seriously hurt.

My son was in the car with me -- I had him grab his backpack and head to the house right away. I ran to the people on the street. I couldn't do anything but keep telling them I was sorry and wait for the ambulance with them. I yelled at the driver too, I couldn't help it.

The ambulances came and took them and the police came and took my driver's license.

When I got back from the police station, the motorbike was still parked in front of our compound and on the license plate, it says "THAPISSDRUNX."

Why would you take such a risk with your life? Why?

[CharlieH]

Moved to motoring forum

[Anthony5]

If he passed you on the right your responsible, cause you shouldn't turn right before the road is clear.

[Frogmountain]

They weren't in oncoming traffic. They came up behind me and tried to pass me as I was turning

[Jdietz]

Traffic going straight ahead has right-of-way to traffic that is turning-off.

You should have:

1. Seen them of course, check mirrors and look over your shoulder into the dead spot.

2. Given them right of way.

[zeichen]

"If he passed you on the right your responsible, cause you shouldn't turn right before the road is clear."

Are you joking? The motorcycle tried to pass him on the right, which he shouldn't have done if the driver had his directionals on. Perhaps if the OP checked in his side view mirror more carefully before turning, it could have been avoided but most likely the motorcycle was driving quickly and wasn't careful.

Only the police can say who is at fault but my guess it is the motorcycle. As long as the OP has a Thai driver's license, insurance in his name and no witness challenges his side, he should likely be free of blame. However to make things simple police usually make it 50/50 blame unless one person confesses to wrong doing.

I am glad that you and your son wasn't hurt. I wouldn't do it any different but never loose your temper at the scene of an accident.

Good luck and get a lawyer

[namatjira]

you might well have a problem here, even in a judges eye in the west something like this at best is a 50/50 call,

That's how it would play out, other factors like speed and visibility might factor into a decision one or the other way,

you need some serious advice, see what comes up here, ask the Thai people what they think.

You must have some insurance as well with car registration that covers some hospital and repairs.

[kannot]

Balls ,the bike is in the wrong, passing a car turning right, stick some camera on after this crap, I did front and rear hd.

[namatjira]

he was merely overtaking you, that is perfectly legal,

And to overtake on a normal roadway on the right is also probably pretty right,

You may not be able to argue the legality of it,

And your defense can only be you did not see them and turned ,

So in a way it looks like you did not take reasonable care by not seeing them,

Therefore you may well find as it was caused by you not knowing they were there,

You may well be seen as in the wrong,

But, I am not an expert in Thai traffic law.....

It is going to be difficult.

[kannot]

Traffic going straight ahead has right-of-way to traffic that is turning-off.

You should have:

1. Seen them of course, check mirrors and look over your shoulder into the dead spot.

2. Given them right of way.

Drivel ,that means at any time when you have to do a right turn EVERYONE behind you can pass you whilst doing that turn, let me know how it turns out when you try it ,especially if you are driving a bus.

[Happy Grumpy]

As soon as I've gotten a vehicle here I've done two things before I'll drive it.

1) First Class insurance.

2) Recording dash cam.

[namatjira]

Get a Thai lawyer, why don't you " ask the lawyer " on Thai visa.....should be a simple reply, and then you will know,

[Anthony5]

"If he passed you on the right your responsible, cause you shouldn't turn right before the road is clear."

Are you joking? The motorcycle tried to pass him on the right, which he shouldn't have done if the driver had his directionals on. Perhaps if the OP checked in his side view mirror more carefully before turning, it could have been avoided but most likely the motorcycle was driving quickly and wasn't careful.

Only the police can say who is at fault but my guess it is the motorcycle. As long as the OP has a Thai driver's license, insurance in his name and no witness challenges his side, he should likely be free of blame. However to make things simple police usually make it 50/50 blame unless one person confesses to wrong doing.

I am glad that you and your son wasn't hurt. I wouldn't do it any different but never loose your temper at the scene of an accident.

Good luck and get a lawyer

Are you joking? The motorcycle tried to pass him on the right, which he shouldn't have done if the driver had his directionals on.

I didn't see any notice in the OP about this, and how one gonna proof the indicators were on? It all depends where the bike hit the car. If it was past the rear fender, start saving, because you will be at fault.

Edited June 3, 2015 by Anthony5

[kannot]

he was merely overtaking you, that is perfectly legal,

And to overtake on a normal roadway on the right is also probably pretty right,

You may not be able to argue the legality of it,

And your defense can only be you did not see them and turned ,

So in a way it looks like you did not take reasonable care by not seeing them,

Therefore you may well find as it was caused by you not knowing they were there,

You may well be seen as in the wrong,

But, I am not an expert in Thai traffic law.....

It is going to be difficult.

Depends if a signal was given by the turning vehicle if not 50-50 for the UK http://www.principia-law.co.uk/scenarios.aspx

[MaeJoMTB]

^^

Yep, no mention of indicators in the OP.

How many times have I had someone turn without indicating, or indicating after I draw level with them.

Happens all the time.

OP at fault.

This isn't the west, cars need to watch out for m/cs.

Edited June 3, 2015 by MaeJoMTB

[TommyUK1960]

What you pay insurance for? Let them sort out.

If I have an accident I call the insurance people and take instructions from them.

[green job]

This happens all the time here. If you indicate to turn right or left it will be ignored. In fact if you indicate to move into another lane,they will exccelerate as not to let you in. Thai cuture again

This is my space fxxk off.

I wish you luck,and i am sure all will be ok

[DavisH]

Shouldn't the bike pass on the left if it's obvious the car is turning right? It makes sense, but what is commonsense in this country? No helmet too? Shucks that must have hurt. Bikes just love to shoot up between slow moving traffic. They may save time but may lose their life too. Always watch out for bikes right and left. There's a reason they make up 80% of road fatalities.

[green job]

^^

Yep, no mention of indicators in the OP.

How many times have I had someone turn without indicating, or indicating after I draw level with them.

Happens all the time.

OP at fault.

This isn't the west, cars need to watch out for m/cs.

Bull shit

[green job]

^^

Yep, no mention of indicators in the OP.

How many times have I had someone turn without indicating, or indicating after I draw level with them.

Happens all the time.

OP at fault.

This isn't the west, cars need to watch out for m/cs.

Bull shit

[Bangkokhatter]

You can argue the rights and wrongs of the accident till the cows come home, having been involved in 2 accidents with motorbikes at U'turns i believe the outcome will depend on 3 things :

1. How serious they were injured.

2. How strong your insurance rep is ( i hope you have class 1 )

3. The attitude of the policeman filing the report.

Both my accidents were very similar with impact on rear passenger door, first one, I was totally absolved of any fault. The second one where he was seriously injured is still not 100% concluded after 6 months.

[Anthony5]

It is so important in this idiot country to watch your mirrors constantly.

How many times it has happened to me I can't even remember, that I stand still near the middle line of of a 2 lane road with the indicator on, waiting for upcoming traffic to pass before turning right.

Seeing a motorbike in the rear view mirror also standing still behind my truck, right behind the <deleted> flashing indicator, and as soon as upcoming traffic has passed he will pass me on the right side.

At those times you really want to drive over the idiot to teach him a lesson

[namatjira]

"ask the lawyer" Thai Visa, it's free, then you will know, painless

[NickJ]

He is stopped and going to turn right.

waiting for the all clear and no oncoming traffic.

A motorcycle overtakes him on the right and runs into him.

Not his fault whatsoever.

The motorbike does not have the right of way.

OP.....You didnt hit them they hit you.

also, if there were two lanes going in your direction.....the motorbike should not even been in the second lane.

[Anthony5]

You can argue the rights and wrongs of the accident till the cows come home, having been involved in 2 accidents with motorbikes at U'turns i believe the outcome will depend on 3 things :

1. How serious they were injured.

2. How strong your insurance rep is ( i hope you have class 1 )

3. The attitude of the policeman filing the report.

Both my accidents were very similar with impact on rear passenger door, first one, I was totally absolved of any fault. The second one where he was seriously injured is still not 100% concluded after 6 months.

So true. Tenant of mine drives his car, motorbike taxi goes through the red light and goes straight under his car, and is badly injured.

Everything recorded on CCTV at the traffic lights, so it all on record that the bike taxi is in the wrong. Tenant even goes visit him in the hospital and gives him some money out of compassion.

The shit starts, I know he's wrong but he's poor and you rich farang, so can't you take rsponsibility.

Tenant's car is still in custody after 8 months, since case isn't solved yet.

[Asiantravel]

Of course British case law has limited application in Thailand but it's still interesting to see how they consider the circumstances.

In Pell v Moseley (2003) which sounds very much like your circumstances in the end they decided to apportion the blame 50-50.

http://lexisweb.co.uk/cases/2003/october/pell-v-moseley

http://www.principia-law.co.uk/scenarios.aspx

[namatjira]

being the front bumper was ripped off, meaning the bike was right beside him, this makes it much worse.....

Were you more in the middle or pulled over a little to the left........you must have nearly come to a stop to make the acute turn, he had no choice but to overtake you or come to a stand still himself, so he did what anybody would do and proceeded to overtake the slowing car, when, boom, the driver did not see him and turned into him.

Get a lawyer

[fey]

Are these funky traffic rules even valid?

Last time i checked it was pretty funky rules wise with the biggest vehicle having the right of way.

Or did it occur in the states, sorry if i missed something.

Edited June 3, 2015 by fey

[NeverSure]

Signaling to turn is an indication you intend to turn. It doesn't give you the right of way to turn. You still have to wait for all clear. The OP is in the wrong but it will take time to get sorted.

[zeichen]

I really wish people would read the OP.

"being the front bumper was ripped off, meaning the bike was right beside him, this makes it much worse.....
Were you more in the middle or pulled over a little to the left........you must have nearly come to a stop to make the acute turn, he had no choice but to overtake you or come to a stand still himself, so he did what anybody would do and proceeded to overtake the slowing car, when, boom, the driver did not see him and turned into him."

"I was behind the wheel and waiting to make a right turn into my housing development"

Really, pay attention. He was waiting means that the OP was stopped and waiting for the on coming traffic to be clear. The motorcycle passed him on the right which is absolutely the fault of the motorcycle. The reason that he hit the front bumper was the speed of the motorcycle.

I have been on the yellow line turning right before with directionals on and waiting and have had motorcycles pass me also. The difference is that I expect people to be stupid and always double check.

There is no way this is the fault of the OP. However, we are not the police and they are the only ones that will determine the fault of the accident.

So stop quoting British/US laws, stop criticizing the OP and just be a little empathetic.