road works - smash - question

sirose10
sirose10 Posts: 3
edited December 2007 in Commuting chat
whilst on my commute home last night, in waterloo. london - i smashed into some road works.

that were 1. not lit up and 2. right in the middle of the bike lane.

what i actually hit t was a red plastic road barrier type thing that you see the strewn around all over the place.

Problem was at either end they are supported by black poles. i hit one on the end - full on it was dark and i just did not see it until too late.

i came off bashed my elbom and back up, ripped through my jacket and jersey and smashed my cycling glasses that were in my pocket.

I am now very sore and still stunned that i just did not see the barrier and that they had left barriers side on in a green bike lane not lit up.

My question is who do i complain to and do i have a case to claim damages or at least recoup the cost of my gear that was ruined? I really think this was negligence on behalf of the contractor. i have photos and a witness of what happened.

also many thanks to all the kids and other cyclists who stopped to help!
«1

Comments

  • fossyant
    fossyant Posts: 2,549
    You'll have to find out who the contractor is, but if the barriers were put up correctly, then you won't have a claim - i.e. you should have seen them.

    They should have lights especially being on a cycle lane though.

    Usually the contractor will pay up if there is an error on their part, but you may want to take some legal advice first. Good that you have got photo's as it's been known for barriers to be 'correct' after an incident (i.e. someone has been out and fixed them).
  • MrGrumpy
    MrGrumpy Posts: 288
    so what lights did you have on the front of your bike ?
  • mike1-2
    mike1-2 Posts: 456
    MrGrumpy wrote:
    so what lights did you have on the front of your bike ?

    Good call.

    Did you also have your eyes closed in order to keep the spray from the MTB'er in front of you out of them?

    You gonna do the 'right' thing and sue them? Grow up and get some balls.
  • timestar
    timestar Posts: 226
    Contractors have to state their name and contact number on a sign at the works so you should be able to contact them quite easily.
  • Brains
    Brains Posts: 1,732
    From experience of this type of event, the contractor blames the council and vice versa, after 6 months of frustrating letters back and forth you give up as you are getting no where. However this was befor the advent of the 'no cure no pay' lawyers
  • Mike wrote:
    Grow up and get some balls.

    Bit uncalled for, no? I don't think the OP was after grief from you as well.
  • i had a cat eye on my bike and yes I agree that was also another thought - how the hell did i not see them ? And grow up at least your alright.

    But I also thougt if i could do it so could someone else.

    So that why i wrote this post to get some feedback not to get grief but hey you are a big man telling me to grow up and get some balls on an online forum, nice one mate.

    Thanks for the other sensible posts.
  • Gambatte
    Gambatte Posts: 1,453
    Rest of us tend to be friendly Sirose :)
  • secretsam
    secretsam Posts: 5,120
    Contractor name and details should be on the signage

    Get in touch with them and find out who they were working for as well

    Get a photo of unlit roadworks if possible

    Sue everyone (except me) for APPROPRIATE damages, ie this is not the 'States, don't go claiming a £M for "personal stress and degenerative damage to my aura" or whatever....

    It's just a hill. Get over it.
  • mike1-2
    mike1-2 Posts: 456
    sirose10 wrote:
    i had a cat eye on my bike and yes I agree that was also another thought - how the hell did i not see them ? And grow up at least your alright.

    But I also thougt if i could do it so could someone else.

    So that why i wrote this post to get some feedback not to get grief but hey you are a big man telling me to grow up and get some balls on an online forum, nice one mate.

    Thanks for the other sensible posts.

    Well if you're gonna persist on riding in the middle of the night then maybe you should invest in either a good set of bifocals or some lights that will help you see large stationairy objects such as roadworks.

    I mean really, you have either got to be stupid or Stevie Wonder.
  • alfablue
    alfablue Posts: 8,497
    edited November 2007
    Mike wrote:
    sirose10 wrote:
    i had a cat eye on my bike and yes I agree that was also another thought - how the hell did i not see them ? And grow up at least your alright.

    But I also thougt if i could do it so could someone else.

    So that why i wrote this post to get some feedback not to get grief but hey you are a big man telling me to grow up and get some balls on an online forum, nice one mate.

    Thanks for the other sensible posts.

    Well if you're gonna persist on riding in the middle of the night then maybe you should invest in either a good set of bifocals or some lights that will help you see large stationairy objects such as roadworks.

    I mean really, you have either got to be stupid or Stevie Wonder.

    Lets all blame the victims hey???

    The contractors had a duty of care which they neglected, it is very easy to miss unlit obstructions, I am sure the OP was not being stupid or negligent, and 99% of the time he may have spotted it, but luck was not on his side.

    One aspect of this that is annoying me is the possibility that the contractors saw no need to light this as it was only a cycle lane, not the road.

    Throw the book at them for appropriate damages - that way they may be educated to take more care of all of us!!!
  • ChrisLS
    ChrisLS Posts: 2,749
    ...sirose, if you are not in the CTC, join, and contact their legal department...
    ...all the way...'til the wheels fall off and burn...
  • Or you could just accept the fact you weren't looking where you were going and rode into a big plastic fence.
    Advocate of disc brakes.
  • alfablue
    alfablue Posts: 8,497
    And just what would car drivers think if there were big plastic fences, unlit, accross the carriageway - no one would accept that, why do so because it is just a cyclist - suggest you join a car forum!
  • mike1-2
    mike1-2 Posts: 456
    alfablue wrote:
    Mike wrote:
    sirose10 wrote:
    i had a cat eye on my bike and yes I agree that was also another thought - how the hell did i not see them ? And grow up at least your alright.

    But I also thougt if i could do it so could someone else.

    So that why i wrote this post to get some feedback not to get grief but hey you are a big man telling me to grow up and get some balls on an online forum, nice one mate.

    Thanks for the other sensible posts.

    Well if you're gonna persist on riding in the middle of the night then maybe you should invest in either a good set of bifocals or some lights that will help you see large stationairy objects such as roadworks.

    I mean really, you have either got to be stupid or Stevie Wonder.

    Lets all blame the victims hey???

    The contractors had a duty of care which they neglected, it is very easy to miss unlit obstructions, I am sure the OP was not being stupid or negligent, and 99% of the time he may have spotted it, but luck was not on his side.

    One aspect of this that is annoying me is the possibility that the contractors saw no need to light this as it was only a cycle lane, not the road.

    Throw the book at them for appropriate damages - that way they may be educated to take more care of all of us!!!

    The victim of what exactly?

    The victim of stupidty? The victim of ignorance? What? Please tell me.
    And you harp on about how cyclists are neglected but TBH I can safely say that you are a non tax paying road user. Or in stupids language, you don't drive.

    If you were to drive and ride, you'd know that the big bad government don't take sides. Anyways I'm wasting my time with this, all I know is that the OP is a fwapping spastic and should be hung.

    What would have happened if he drove a car with no lights?
  • alfablue
    alfablue Posts: 8,497
    Mike wrote:
    alfablue wrote:
    Mike wrote:
    sirose10 wrote:
    i had a cat eye on my bike and yes I agree that was also another thought - how the hell did i not see them ? And grow up at least your alright.

    But I also thougt if i could do it so could someone else.

    So that why i wrote this post to get some feedback not to get grief but hey you are a big man telling me to grow up and get some balls on an online forum, nice one mate.

    Thanks for the other sensible posts.

    Well if you're gonna persist on riding in the middle of the night then maybe you should invest in either a good set of bifocals or some lights that will help you see large stationairy objects such as roadworks.

    I mean really, you have either got to be stupid or Stevie Wonder.

    Lets all blame the victims hey???

    The contractors had a duty of care which they neglected, it is very easy to miss unlit obstructions, I am sure the OP was not being stupid or negligent, and 99% of the time he may have spotted it, but luck was not on his side.

    One aspect of this that is annoying me is the possibility that the contractors saw no need to light this as it was only a cycle lane, not the road.

    Throw the book at them for appropriate damages - that way they may be educated to take more care of all of us!!!

    The victim of what exactly?

    The victim of stupidty? The victim of ignorance? What? Please tell me.
    And you harp on about how cyclists are neglected but TBH I can safely say that you are a non tax paying road user. Or in stupids language, you don't drive.

    If you were to drive and ride, you'd know that the big bad government don't take sides. Anyways I'm wasting my time with this, all I know is that the OP is a fwapping spastic and should be hung.

    What would have happened if he drove a car with no lights?

    Bloody hell Mike - you got a head of steam up now!

    It is wrong and probably illegal to have unlit obstacles on the road. Someone who crashes into said object BECAUSE it is unlit, is a victim of that negligence.

    On tax you are way out of your depth mate! I am a tax paying road user, I pay income tax, VAT, and council tax.

    Oh, and I am a driver, and I pay road fund licence, which is NOT road tax, it is a licence to posess a vehicle on the road, but even then the revenue is not hypothecated, so it is in no way a road tax, and payment of it is irrelevant to entitlement to use the road.

    And what's this about a car with no lights? The OP DID have lights.

    Look, this is getting silly, your vehemence is rather strange and over the top - I guess thats how you get your kicks - each to their own!

    :) keep smiling :D
  • Gambatte
    Gambatte Posts: 1,453
    Mike wrote:
    And you harp on about how cyclists are neglected but TBH I can safely say that you are a non tax paying road user.
    Roads paid for by council tax, whats your point? this is irrelevant
    Or in stupids language, you don't drive.
    Again whats your point? Irrelevant again.
    If you were to drive and ride, you'd know that the big bad government don't take sides.
    Double check recent polls, seems a poll of commuting cyclists showed 76% driving as well
    http://www.bikeradar.com/forum/viewtopi ... 8#14655078
    His beefs with the contractor, not the govt
    Anyways I'm wasting my time with this, all I know is that the OP is a fwapping spastic and should be hung.
    No thats just your opinion, and just like arseholes, everyones got one

    What would have happened if he drove a car with no lights?
    He'd be driving illegally, just like he would be riding illegally on a bike with no lights. But as he had lights, its irrelevant again

    You're so wide of the mark on this Mike, you just look lke you're trolling
  • You're so wide of the mark on this Mike, you just look lke you're trolling
    I agree!

    I cycle down that road as well, and even a 5pm it's pitch dark and the plastic barries don't have reflectors on them. And when you're so busy trying to not fall in the huge holes in the road you can easily not see other almost unvisible obstacles! I've almost done it myself! Go ahead and sue them!
  • BentMikey
    BentMikey Posts: 4,895
    I also think you're out of line Mike. Perhaps an apology is in order?
  • il_principe
    il_principe Posts: 9,155
    Totally out of line Mike. Can't believe you brought up the old chestnut of road tax. Thought we'd all established a long time a go that there is no road tax, it's called VED and is emissions based, so even if cycles were included you'd pay nothing!

    Also you should apologise for using the word "spastic." That's totally uncalled for; my uncle is disabled. Use of language like that really shows you up as an ignorant fool.
  • MrGrumpy
    MrGrumpy Posts: 288
    my point about the lights was a serious one and was not in anyway intended be contraversial. I agree that roadworks etc should be well signed and lit, surely by law that should be the case, however on the other hand i`ve seen some nutcases on bikes with wee piddly LED front light flashing away. Now even when in town on a lit road i would suggest it would be appropriate to have better lighting than that. Now not accusing the OP who crashed of neglect, i`m just saying we all have a duty at the end of the day to protect ourselves !
  • Clever Pun
    Clever Pun Posts: 6,778
    Mike wrote:
    Did you also have your eyes closed in order to keep the spray from the MTB'er in front of you out of them?

    :lol: don't start that sh!t again

    people will cry
    Purveyor of sonic doom

    Very Hairy Roadie - FCN 4
    Fixed Pista- FCN 5
    Beared Bromptonite - FCN 14
  • mike1-2
    mike1-2 Posts: 456
    You know, you're all right.

    I'm so very sorry.

    I mean, how could I possibly compete for words against the social elite here?
    Simple fact is, knobby in the original post didn't have suitable lighting to see the R/Works.

    That's it.
    Sorry I brought up the other points, but TBH I just wanted to piss you off.
    And trolling? Doubtful.
  • alfablue
    alfablue Posts: 8,497
    Apology accepted! (assuming it was sincere).
    Sorry I brought up the other points, but TBH I just wanted to piss you off.
    And trolling? Doubtful.

    Well, your denial of trolling is infact a pretty good definition of it;
    Posting derogatory messages about sensitive subjects on newsgroups and chat rooms to bait users into responding.

    (PC Magazine)
  • El Capitano
    El Capitano Posts: 6,401
    <3 Mike! :D
  • mike1-2
    mike1-2 Posts: 456
    alfablue wrote:
    Apology accepted! (assuming it was sincere).
    Sorry I brought up the other points, but TBH I just wanted to wee-wee you off.
    And trolling? Doubtful.

    Well, your denial of trolling is infact a pretty good definition of it;
    Posting derogatory messages about sensitive subjects on newsgroups and chat rooms to bait users into responding.

    (PC Magazine)

    Oh yea, it was sincere...

    In reply, I hope your accusation of me being a troll is sincere also? I would hate for you to mock me like that.

    You seem like the type to meet young teenage boys in public conviences.
  • mike1-2
    mike1-2 Posts: 456
    alfablue wrote:
    Posting derogatory messages about sensitive subjects on newsgroups and chat rooms to bait users into responding.

    (PC Magazine)

    Sorry, is this a sensitive matter to you or anyone else except the OP?
    I mean, shit, I too would get VERY upset if someone I didn't know crashed into something in the dark whilst cycling without using lights. (Deep breath)
    And secondly, point me to ANY derogatry post I have made, most of what I've spouted is my own opinion. Which is what I though these 'forums' are for?

    Let's get this right, and here, let me post my own definition for you to read...


    1. dick
    2.Stop being such a dick
    3.His name was Dick and he had a large dick but he was such a dick.
  • alfablue
    alfablue Posts: 8,497
    Mike wrote:

    You seem like the type to meet young teenage boys in public conviences.
    1. dick
    2.Stop being such a dick
    3.His name was Dick and he had a large dick but he was such a dick.

    mean really, you have either got to be stupid or Stevie Wonder.

    the OP is a fwapping spastic and should be hung.
    Not trolling? Not derogatory?

    Just what planet are you on?

    I really must stop feeding you!
  • mike1-2
    mike1-2 Posts: 456
    alfablue wrote:
    Mike wrote:

    You seem like the type to meet young teenage boys in public conviences.
    1. dick
    2.Stop being such a dick
    3.His name was Dick and he had a large dick but he was such a dick.

    mean really, you have either got to be stupid or Stevie Wonder.

    the OP is a fwapping spastic and should be hung.
    Not trolling? Not derogatory?

    Just what planet are you on?

    I really must stop feeding you!

    "When in Rome..."

    No denial on the kiddie fiddler accusations though? Therefore they must be true.
  • Gambatte
    Gambatte Posts: 1,453
    No mike. Guess we all thought your posts were getting offensive to the point we weren't going to feed the troll.

    Last night I personally contacted admin and asked that they monitor this thread. They may do nothing, who knows? Anyway I'm out of here.
This discussion has been closed.