Foreigners Driving Abroad: Accidents and Legal Issues That May Follow!

• Example case

Severe Accident on Motorway 7: A Car Cut Off a Cement Truck, Crashing Severely, Two Dead, Two Injured

February 19, 2025 – A severe accident occurred on the parallel road of Motorway 7 at km 110+900 in the area of Takian Tia Subdistrict, Bang Lamung District, Chonburi Province. The accident resulted in two deaths and two injuries. The incident occurred when a white Ford car with a Rayong license plate, carrying four Chinese passengers, exited a tunnel and cut off a cement truck with 22 wheels traveling at high speed. The truck could not brake in time and collided forcefully.

Rescue workers from the Sawang Boriboon Thammasathan Pattaya Foundation and doctors from Bangkok Pattaya Hospital reported that two Chinese passengers were severely injured and rushed to the hospital. Unfortunately, the other two passengers in the Ford car died at the scene, despite efforts to revive them. Additionally, a black Toyota Yaris, which was parked by the roadside, was also damaged due to the impact from the accident.

Mr. A, 43, the owner of the Toyota Yaris that was damaged, explained that while he was parked eating by the side of the road, the Ford car came out of the tunnel and was hit by the cement truck, which caused it to collide with his car. Mr. B, 56, the driver of the 22-wheel cement truck, explained that as he was driving from Saraburi to Mab Ta Phut Industrial Estate, the Ford car cut in front of his truck suddenly, leaving him unable to brake in time.

Bang Lamung Police Station officers investigated the scene, collecting evidence and hypothesized that the accident occurred due to the Ford car cutting off the truck suddenly, leading to a severe collision resulting in deaths and injuries, as well as property damage.

Legal Responsibility in Traffic Accidents: Responsibility of Drivers and Affected Parties

• Responsibility of the Ford Driver (Chinese National) and Relatives of the Deceased
  In the case of the Ford driver (a Chinese national) who suddenly cut off the cement truck, if the investigation reveals that the driver was negligent, careless, or violated traffic rules, they could face charges under the Land Traffic Act of 1979, specifically Section 3, which outlines that driving carelessly or in a manner that endangers lives or property constitutes an offense.
  

In the event that the Ford driver died in the accident, while they would no longer face criminal penalties, their relatives or heirs may be liable for compensating damages or paying for the funeral expenses if a lawsuit is filed by affected parties. A lawsuit may also be filed to claim damages by injured parties or the family members of the deceased.

As for the survivors from the Ford, they may be held jointly responsible if it is proven that they contributed to the negligence by not following traffic laws while in a dangerous situation, which could result in lawsuits for damages by those affected.

• Responsibility of the 22-Wheel Cement Truck Driver
  The driver of the 22-wheel cement truck (Mr. B) who sustained damage from the crash may not be criminally liable if it is proven that they were driving normally and could not avoid the sudden cut-off by the Ford car. However, if the investigation shows that the truck driver was speeding or driving carelessly, they could be considered at fault under Section 43 of the Land Traffic Act of 1979, which addresses reckless driving.
  

Driving at excessive speed or without caution, leading to an accident, may be interpreted as negligent driving, and the driver could be liable for both civil and criminal responsibilities, such as compensating for injuries or paying damages for fatalities.

• Damages to Affected Parties (Mr. B, Owner of the Toyota Yaris)
  In the case of Mr. B, who suffered damage from the impact of the Ford car after it collided with the truck, if he has car insurance, he is entitled to claim compensation from his insurance company. The insurance company should compensate according to the terms of the policy. However, if he lacks insurance or if the insurance does not cover this incident, Mr. B may have to seek damages from the party responsible for the accident (e.g., the owner of the Ford car or its insurance provider).
  

In the case of fatalities, such as the Chinese passengers who died in the accident, the family of the deceased can claim compensation under the Road Accident Victim Protection Act of 1992, which allows victims to seek compensation for injuries or fatalities caused by another person’s driving.

Conclusions from This Incident and Legal Knowledge to Know

This accident highlights the importance of following traffic rules and driving cautiously, not only for one’s own safety but also for the safety of others who may be affected by careless driving or violations of traffic laws. The compensation for damages will depend on insurance claims and legal action taken to ensure justice for all involved parties.

Driving abroad for foreigners is a matter that requires extra caution, as each country has different traffic laws and regulations. In the case of the Chinese driver driving in Thailand, the incident emphasizes the importance of understanding the laws in each country before driving, in order to avoid mistakes and potential damage.

In the case of Thai law, foreign drivers must understand the Land Traffic Act (Traffic Law) of 1979 and the Motor Vehicle Act of 1979, as well as the requirements for holding a Thai driver’s license for foreign drivers. Specifically, foreign drivers without a Thai driver’s license or a license recognized in Thailand could be violating the law, which may affect their liability in the case of an accident.

Foreign drivers should also check their vehicle documents, such as their driving license, insurance, and vehicle ownership contracts, to ensure everything is legally in order.

Additionally, drivers should ensure their car insurance covers incidents abroad. Having comprehensive vehicle insurance or consulting with insurance professionals familiar with Thai laws will help reduce the risk of legal issues in case of accidents. Also, checking the legality of car ownership and ensuring the proper paperwork for driving in Thailand will help avoid legal problems in the event of an accident.

Finally, if a foreign driver causes an accident in Thailand and is found to be violating Thai law, they will face legal consequences according to Thai law, including provisions for compensation for injury and death under the Road Accident Victim Protection Act.

In conclusion, driving abroad not only requires caution for one’s own safety and the safety of others but also understanding the regulations and legal requirements of the country in which one is driving. Ensuring proper insurance coverage and the legal status of one’s driving documents can provide the best protection in unexpected events.

Consulting WongsaKorn Law Office : If You Are Facing Car Accident Legal Issues

If you or someone you know, who is a foreign national, is involved in a car accident, whether at fault or not, do not let the damage continue without protecting your rights. If you are not at fault, the experienced legal team at WongsaKorn Law Office is ready to provide consultation and legal action to protect your reputation and rights to the fullest. If the case is more complex than the example given, feel free to consult with our team of attorneys to ensure you receive protection under the terms of your insurance policy. Consult a lawyer  >> Contact Us <<

Reference :   https://www.matichon.co.th/local/crime/news_5056114 , https://shorturl.asia/LIg2u

Written by : Wararat Wongpothisarn (Internship Student in Chinese Language)