IBC泰國法律金融會計事務所International Business Consultancy

Driving and Causing Water to Splash on Another Person

is Against the Law in Thailand

駕駛並導致水濺到他人身上在泰國是違法的

When it rains, the road surface is sometimes flooded. People are walking on the sidewalk, not only needed to be careful of the rain, but also must be careful of water that may be splashed from driving. A common problem in Thailand is that when people walk on the side of the road or to wait for bus at the bus shelter, when a fast-speeded car passes the flooded area or basin, the water may be splashed on you, and your belongings might be wet and damaged. If you encounter these incidents, you can sue the driver for damages under civil and criminal claim.

下雨時路面有時會淹水。人們在人行道上行走，不僅要注意雨水，還要注意開車時可能濺出的水。泰國有一個普遍問題，當人們在路邊行走或在公車站避雨時，一輛高速行駛的汽車經過水池時，雨水濺到你身上、弄濕你，並且損壞你的財物。如果您遇到這些事件，您可以起訴司機要求賠償，並且得提起民事以及刑事訴訟。

• Why is driving with water splashing to a person is considered an offense under the law of Thailand?

       根據泰國法律，為什麼駕駛時水濺到人屬於違法行為？

Because such action shows the driver was driving without precaution for the safety of pedestrians and may causes damages in accordance with Section 48 (8) of Road Traffic Act, B.E. 2522. This law stipulates that one must be careful, and the offender shall be liable to imprisonment for a term of not exceeding three months or to a fine of two thousand to ten thousand baht, or to both. which such offense is a criminal offense.

    因為 2522年《泰國道路交通法》第 48 (8) 條，此類行為代表不考慮安全或傷害他人的駕駛行為，違者將被處以不超過三個月的監禁或兩千至一萬泰銖的罰款、或兩者併罰。此罪行屬刑事犯罪。

• If your property is damaged by a car splashing, what is the fault of the driver?

       如果您的財產被汽車濺水損壞， 司機的過錯是什麼？

In the event that your property is damaged by a car splashing, under Section 358 of the Criminal Code is considered a misdemeanor. The driver is liable for imprisonment not exceeding three years or a fine not exceeding six thousand baht, or both of them.

    如果您的財產因汽車濺到您身上而損壞，根據《泰國刑法》第 358 條的輕罪，司機將被處以不超過三年的監禁或不超過六千泰銖的罰款、或兩者併罰。

If your property is damaged, not only the driver is being guilty of criminal law, but you can also claim under Section 438 of the Civil and Commercial Code, stating how much compensation will be indemnified by the injured person. It is court’s duty to determine a reasonable amount of compensation on the driver behavior and to assess severity of the act deemed to be an infringement.

    如果財物損壞，不僅司機犯了刑法，還可以根據《泰國民商法》 第 438條，作為與刑事案件相關的民事案件提起訴訟，說明賠償多寡。法院有責任對被視為侵權的行為和嚴重程度作出合理判斷。

Therefore, if you encounter such situation, the first step is to take notes and to remember the license plate number of the vehicle that causes the incident, or to take photo or video of that car and submit the evidence to the nearest police station immediately. In addition, the driver himself/herself should take caution while driving at low speeds during the rain or when encountering puddles on the road. In this case, the driver will not only prevent splashing water on others when they walk along the road, but also help to prevent car accidents during the rain.

因此，如果遇到這樣的情況，首先要做的就是做好筆記，記住造成事故的車輛的車牌號碼、或者拍下該輛車的照片或錄像，立即到就近的警察局報案。此外，司機本人在雨中或遇到水坑時應注意低速行駛。在這種情況下，司機不僅可以防止在路上行走的人被水濺到，還有助於防止雨中發生車禍。

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IBC泰國法律金融會計事務所 (International Business Consultancy) 為一間位於曼谷的泰國法律金融會計事務所，由經驗豐富的律師、會計師、及財務顧問組成，可提供泰國投資、泰國稅收及泰國法律諮詢等服務。如果有什麼問題，可以隨時通過Line: @ibcfirm與我們聯繫。