Who is at fault! When an animal runs in front of a car, causing accidents and injuries to both people & animals, the car owner or the animal owner?
Mar 13 , 2018อ่านแล้ว 68,351 ครั้ง
To emphasize! Driving experience or learning to cope with "accidents" unexpectedly ! That can happen at any moment, from the post Emergency: What to do? When an "animal" suddenly runs in front of your car (Click ! ) Driving fast and an animal runs in front of you, what will you do? Many people choose different topics, perhaps due to "experience" in driving. Some chose option...
A. Panicked, didn't know what to do
B. Couldn't brake, decided to hit it
C. Braked hard, held the steering wheel steady, saw the road was clear, tried to swerve
Curious why each person chose each option for different reasons? Try clicking and reading the comments from the link above.
But in terms of the law, when such a case occurs, it is "driving carefully, not negligently, but an animal runs in front of the car, causing an accident and injuries to both people and animals." Between the animal owner and the car owner, who is at fault !?
Let's look at the article from the post by attorney Kerdphol Kaeokerd
According to the Land Traffic Act B.E. 2522 (1979), Section 111, it is prohibited for drivers to lead, herd, or release animals onto pavements in a manner that obstructs traffic and without sufficient control.
If the animal owner cannot control the animal themselves, they must be liable according to the law and the Animal Cruelty Prevention Act.
The Animal Cruelty Prevention and Welfare Act, Section 23, prohibits animal owners from releasing, abandoning, or doing anything that causes animals to be free from their care without reasonable cause. If violated, a fine not exceeding forty thousand baht shall be imposed.
Therefore, the animal owner must be liable #unless the driver was negligent, in which case both must be liable proportionally, depending on who was more negligent.
Supreme Court Judgment No. 6088/2559 (2016)
According to the Land Traffic Act B.E. 2522 (1979), Section 111, it is prohibited for drivers to lead, herd, or release animals onto pavements in a manner that obstructs traffic and without sufficient control. When both defendants, as owners of the dog, are animal caretakers, they must control the animal to prevent it from obstructing traffic. The fact that the defendants' dog ran across the road in front of the plaintiff's motorcycle at close range directly caused the plaintiff's motorcycle to fall. Since it was not shown from the evidence presented by both defendants that at the time of the incident, the plaintiff was driving the motorcycle at high speed and without caution in any way, therefore, the tort arose from the negligence of both defendants for not exercising reasonable care in controlling and supervising the dog. When damage occurred due to the animal, both defendants are jointly liable to the plaintiff according to Section 433, paragraph one, of the Civil and Commercial Code.
Now that this is known, both pet owners and car owners should not be negligent. Pet owners should take care of their pets to prevent them from straying onto the road. If they are beyond control, serious accidents are sure to follow. As for drivers, they must drive carefully and not too fast, because both people and animals love their own lives. If you lose control while driving, try clicking and reading this link(Click ! here)once more, because when a real incident occurs, it might help lessen the impact.
According to the Land Traffic Act B.E. 2522 (1979), Section 111, it is prohibited for drivers to lead, herd, or release animals onto pavements in a manner that obstructs traffic and without sufficient control. When both defendants, as owners of the dog, are animal caretakers, they must control the animal to prevent it from obstructing traffic.