The bulkhead doesn't shut down the train intersection. Cars. Who's liable?

Kam Gazette of the Supreme Court No. 2703 / 1994

The plaintiff sued to punish both defendants for "reckless conduct" causing the death of others, according to Penal Code Section 291 (Defendant 1 drives a train, Defendant 2 drives a pickup truck).

Court of First Instance, Punishment (Section 291) for 1 year imprisonment

Court of Appeals. Judgment stands.

Both defendants (the judge, who considered, and signed the First Court on relatives to the Supreme on factual issues)

The Supreme Court ruled that the two defendants drove the pickup car through the railway, which was marked by the railway in front of it, and had a "stop" sign within 5 meters before the railway. Even if the employee turned off the bulkhead, the bulkhead did not bring the bulkhead down the bus, the second defendant had to take precautions, take care of the safety first, by speed, and stop the car, look left and right, if it was safe and then continue to drive, but it turned out that the second defendant had not acted to cause the pickup truck that the second defendant was driving to collide with the train. Named a reckless driver, causing death to others.

Defendant 1, before the incident, the bulkhead rotated down only 1 meter and five light signals did not stick (according to regulations and regulations).

In the case where the driver does not see the signal to allow the driver to stop the convoy near the road at the level of passage, and to make sure that there is no barrier, then lead the convoy through.

In the case of Defendant I did not stop the car, abstaining from compliance with regulations and regulations, causing a collision with Defendant II, causing two deaths.

Defendant 1 (train driver) was wrong, according to the indictment, agreeing with both lower courts.

Both defendants asked for light punishment and waited.

Pending the 1st defendant's punishment and punishable by a fine.

Defendant 2 fined 3,000 baht pending punishment for 2 years under section 56.

This happened not the first time, but many times, each time with casualties, casualties and unresolved.

The liability should therefore not only stop the driver of both sides or those involved, which should include the policy-level authorities to rush to "encircle" as soon as this happens again, such as the tragedy, the train crash into the bus and the death of Ashoka Din, which is an expensive lesson in safety.

In the parlance of the case, in each case, in each story, who is liable depends on the testimony in the parlance.

In order not to cause another train and car tragedy, deposit those involved to speed up the resolution, adopt the technology of connecting traffic traffic to the railway system, so that cars are not trapped on the railway again while on red fire.

Personnel, strict qualifications, or strict with those who stop a car over a railway intersection. 🙏