I've Crashed and need some advice on liability?

bilsea159

Hi

Commuted the same route to work for three years now day after day, not just fairweather, and today I noticed that the white lines for the cycle lane were repainted in the last day or so, by painting over the old lines. As I crossed the line my front wheel slipped and I came crashing sustaining a gash above the eye requiring stiches. A little angry because I feel this happened beacause the lines are now proud off the road and the wetness generally at this time of year and the white lines being slippery lead to the incident. So my question is should I let the council know Im not happy or just forget it and put it down to one of those things. Are they liable and has anyone been successful in claiming compensation?

redvee

Seems there is a case to me. Get down to the scene and get pictures of the raised lines with a ruler in the pic to guage the height of the white lines.

TBH though I think the council will get away with it by blaming the wet weather.

daintonj

Those cycle safety measures are really dangerous. My other favourite is the white zig zags near potential hazards, it's so nice to be warned of hazards by a hazard.

snooks

Let the council know, but TBH if I'm riding off road and hit a tree root and come off, I don't go complaining to the land owner :?

Likewise if I go across a manhole cover and my bike slips from under me, it's just one of those things

C'est la vie

spen666

I suspect you've got 2 hopes of getting compensation bob and none.

On what you have written, I can't see how you can either: -

1) establish Council have breached their duty of care to you.

and

2) even if you can establish 1), I think you would be facing a very large contributory negligence allegation

The Chingford Skinhead

A lot depends upon your tolerance for patience. Essentially the council should not be making the road less safe by paint that provides less grip or which is proud of the surface - that said you'll need the strength to pursue it with them.

I came off my bike in early summer when leaving a quiet road onto a very busy road via a roundabout. There was a cycle path just beyond the roundabout and with a car up my jacksy I turned into the cycle path as a safe haven - only to discover that the patch didn't have a dropped kerb - it started with a full kerb stone just off the roundabout. Wheel hit kerb as my attention was focussed on the car and I went over. I emailed the council, who said it was tfl. I emailed tfl who said it was the council and this bounced back and forth for ages and I lost the will to pursue it (I know in my heart that I should have - and having being back to the scene last weekend and seen that the kerb is still there six months later I may well revive my original complaint.

At the end of the day any changes to the road should not increase the hazard to you - but it is a long, slow and painful process to pursue.

(As a public servant I should add that this isn't just a public service failing - it took me the best part of this year to get a major tour operator to refund and compensate me for a major :!: up on a rather expensive American holiday that almost ruined my daughter's sixteenth birthday present.

Hope the injury clears up and it doesn't dent your enthusiasm to keep cycling.

gtvlusso

Hmm - perhaps everyone should be made to ride a motorcyle - you soon learn to avoid lines and metal covers in the wet!! And when you fall off a motorbike, it really fecking hurts!

Hope you get well soon - keep on truckin'