Advice Please

Discussion in 'UK and Europe' started by Gadget, Sep 28, 2003.

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  1. Gadget

    Gadget Guest

    I had a minor accident last night on my way home, involving me and a dodgy cycle path. I'm not sure
    how many know the A10 (AKA: The Great Cambridge Road). In between Bury Street and Lincoln Road there
    is a hill/bridge near a school. It was on this stretch that incident happened. As I was going up the
    hill toward Lincoln Road I had to skirt a few trees that the council had decided to put in the cycle
    path. The cycle path is shared with the pavement, so going around the trees put me on the pavement.
    After going around the tree I went to get back on the cycle path but there was an unseen gap between
    pavement and path just wide enough to accommodate my front tyre. (I had road slicks on the bike, so
    they were narrow tyres) My bike comes to a sudden halt and I'm thrown from the bike, injuring my
    right wrist and right ankle. Nothing serious though, just a sprain. It could have been worse, if it
    weren't for the crash barrier I would have been thrown into on coming traffic. This happened at
    10:30 at night so the traffic weren't heavy but there was the traffic. After dusting myself off, I
    inspect the bike. Both the tyres ended up in the groove/rut and are now flat. Because of the time of
    night I couldn't do an extensive assessment but I believe the front rim has buckled and I did hear a
    click as I came off bike so that has to be checked. I'm going to take photos of the bike and of the
    path. My question is do I have any chance claiming compensation for this from the people who are
    meant to maintain the path and who would those people be?

    Any help would be appreciated.

    Many Thanks

    Gadget
     
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  2. Ian

    Ian Guest

    Gadget must be edykated coz e writed:

    > I had a minor accident last night on my way home, involving me and a dodgy cycle path. I'm not
    > sure how many know the A10 (AKA: The Great Cambridge Road). In between Bury Street and Lincoln
    > Road there is a hill/bridge near a school. It was on this stretch that incident happened. As I was
    > going up the hill toward Lincoln Road I had to skirt a few trees that the council had decided to
    > put in the cycle path. The cycle path is shared with the pavement, so going around the trees put
    > me on the pavement. After going around the tree I went to get back on the cycle path but there was
    > an unseen gap between pavement and path just wide enough to accommodate my front tyre. (I had road
    > slicks on the bike, so they were narrow tyres) My bike comes to a sudden halt and I'm thrown from
    > the bike, injuring my right wrist and right ankle. Nothing serious though, just a sprain. It could
    > have been worse, if it weren't for the crash barrier I would have been thrown into on coming
    > traffic. This happened at 10:30 at night so the traffic weren't heavy but there was the traffic.
    > After dusting myself off, I inspect the bike. Both the tyres ended up in the groove/rut and are
    > now flat. Because of the time of night I couldn't do an extensive assessment but I believe the
    > front rim has buckled and I did hear a click as I came off bike so that has to be checked. I'm
    > going to take photos of the bike and of the path. My question is do I have any chance claiming
    > compensation for this from the people who are meant to maintain the path and who would those
    > people be?
    >
    > Any help would be appreciated.
    >
    > Many Thanks
    >
    > Gadget
    >
    >
    The council highways department should be the first port of call, if you are a CTC member then call
    them first for advice.

    --
    Ian

    http://www.catrike.co.uk
     
  3. Chris French

    Chris French Guest

    In message <[email protected]>, Gadget
    <[email protected]> writes
    >I had a minor accident last night on my way home, involving me and a dodgy cycle path.

    <snip>

    >After dusting myself off, I inspect the bike. Both the tyres ended up in the groove/rut and are now
    >flat. Because of the time of night I couldn't do an extensive assessment but I believe the front
    >rim has buckled and I did hear a click as I came off bike so that has to be checked. I'm going to
    >take photos of the bike and of the path.

    Take photos of your injuries as well if visible, and maybe go to the GP just to confirm them? You
    should be able to claim for them as well. (and don't forget, sometimes what can start of a seeming a
    minor injury can develop complications)

    > My question is do I have any chance claiming compensation for this from the people who are meant
    > to maintain the path and who would those people be?

    You should be able to, in the same way as you can claim for potholes causing damage on the roads.

    The local Authority highways Department is likely to be the body responsible, so I would contact
    them first.

    If you are a member of the CTC, LCC or some such then they can probably give further advice. And it
    has been asked here before, so a Google would find other peoples experiences posted before.
    --
    Chris French, Leeds
     
  4. Peter Fox

    Peter Fox Guest

    Following on from Gadget's message. . .
    >I had a minor accident last night on my way home, involving me and a dodgy cycle path. I'm not sure
    >how many know the A10 (AKA: The Great Cambridge Road). In between Bury Street and Lincoln Road
    >there is a hill/bridge near a school. It was on this stretch that incident happened. As I was going
    >up the hill toward Lincoln Road I had to skirt a few trees that the council had decided to put in
    >the cycle path. The cycle path is shared with the pavement, so going around the trees put me on the
    >pavement. After going around the tree I went to get back on the cycle path but there was an unseen
    >gap between pavement and path just wide enough to accommodate my front tyre. (I had road slicks on
    >the bike, so they were narrow tyres) My bike comes to

    (1) Find out who the _Highway Authority_ is. Often this is the County Council although the Town may
    be acting as agent. It is important to get this right. Some parts of the A10 may be run by the
    Highways Agency.

    (2) To sue you will need _evidence_. Your word is good but photos help a great deal and serve to
    remove a lot of doubt.

    (3) Next you need to show the Highway Authority were negligent. They will bluster but cave in at the
    last minute. If a designated track throws off an experienced cyclist in the normal course of
    riding then that IMHO is negligent providing it is poor maintenance and construction' rather
    than a lump of wood that fell out of a tree.

    (4) And you need to quantify your claim - All your losses including time off work to see the quack.
    But you must keep your losses to a minimum and can only claim for 'foreseeable' costs such as
    having the bike repaired, substitute transport etc. Keep track of the time/letters you spend on
    chasing compensation.

    (5) Phone up the local paper. They like pics of 'angry and abused victims' holding up bent arms and
    bikes. It is important to keep up a steady stream of negative publicity where farcilities are
    concerned but don't expect overnight results.

    (6) School! Fax the head with a warning. The head may get onto the council along the lines of "fix
    it today so my kids can ride safely"

    BTW: Just because the crack looks small doesn't mean it is nothing to worry about. You may like to
    ask whoever inspects these paths 'did they realise this could happen'

    If you get stalled - Name and shame here. Good luck

    --
    PETER FOX Not the same since the deckchair business folded

    Witham Cycling Campaign www.eminent.demon.co.uk/wcc.htm East Anglian Pub cycle rides
    www.eminent.demon.co.uk/rides
     
  5. Gadget

    Gadget Guest

    Is it too late to join the CTC or would the CTC see it as I need them so I joined. I have planned to
    join, just keep forgetting to get round to it.

    Gadget
     
  6. Matt

    Matt Guest

    "Gadget" <[email protected]> wrote in message
    news:[email protected]...
    > I had a minor accident last night on my way home, involving me and a dodgy cycle path. I'm not
    > sure how many know the A10 (AKA: The Great Cambridge Road). In between Bury Street and Lincoln
    > Road there is a hill/bridge near
    a
    > school. It was on this stretch that incident happened. As I was going up
    the
    > hill toward Lincoln Road I had to skirt a few trees that the council had decided to put in the
    > cycle path. The cycle path is shared with the pavement, so going around the trees put me on the
    > pavement. After going around the tree I went to get back on the cycle path but there was an
    unseen
    > gap between pavement and path just wide enough to accommodate my front
    tyre.
    > (I had road slicks on the bike, so they were narrow tyres) My bike comes
    to
    > a sudden halt and I'm thrown from the bike, injuring my right wrist and right ankle. Nothing
    > serious though, just a sprain. It could have been worse, if it weren't for the crash barrier I
    > would have been thrown into
    on
    > coming traffic. This happened at 10:30 at night so the traffic weren't
    heavy
    > but there was the traffic. After dusting myself off, I inspect the bike. Both the tyres ended up
    > in the groove/rut and are now flat. Because of the time of night I couldn't do an extensive
    > assessment but I believe the
    front
    > rim has buckled and I did hear a click as I came off bike so that has to
    be
    > checked. I'm going to take photos of the bike and of the path. My question is do I have any chance
    > claiming compensation for this from the people who are meant to maintain the path and who would
    > those people be?
    >
    > Any help would be appreciated.
    >
    > Many Thanks
    >
    > Gadget
    >
    >

    Sorry to hear about your misfortune.

    Your success or otherwise in making a claim will depend upon the level of competence of the highway
    authority (or it's contractor). If the highway authority has a record of inspecting this particular
    length of track and did not record any defects at the last inspection then the highway authority can
    reject your claim. (assuming the inspection regime is reasonable). This is the HA's statutory
    defence and is used to stop people deliberately vandalising the highway and then making spurious
    claims. It has to be said that a rural footpath / cycle path may only be inspected twice a year and
    this would be accepted in court as reasonable.

    Claims procedures vary from authority to authority but most HA's are now much more on the ball
    following a rise in the number of claims and the competence of those making the claims. Bear in mind
    they are protecting public money in defending your claim. Having said that very few HA's will try to
    defend the indefensible and I would expect most to pay a reasonable claim promptly.

    Don't attempt taking an HA to court unless you are very sure of your case. The company I work for
    has dealt with a large number of claims against HA's and have yet to see the HA's we work for lose
    one that has gone to court.

    Let me know if you would like some more advice about the sort of evidence you should attempt to
    gather prior to taking legal advice (unless you're wealthy enough to not worry about the cost of
    legal advice!).

    Matt
     
  7. Ian Smith

    Ian Smith Guest

    On Mon, 29 Sep 2003 19:20:32 +0100, Peter Fox <[email protected]> wrote:

    > (2) To sue you will need _evidence_. Your word is good but photos help a great deal and serve to
    > remove a lot of doubt.

    And remarkably, poor maintenance that there is teh whisper of a hint of a claim for compensation
    about gets repaired faster than poor maintenance that is merely reported.

    Take your photos before reporting it - my local highway authority, who will leave merely reported
    potholes for months, got one that had damaged my bike repaired within 6 hours of me telling them it
    had done so. As it happened, I had photographed it on teh way to work on teh day I telephoned them
    about it, and got my damaged wheel paid for by the authority eventually.

    regards, Ian SMith
    --
    |\ /| no .sig
    |o o|
    |/ \|
     
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