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  #11  
Old 14-09-2006, 11:41 AM
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weedavie_j weedavie_j is offline
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Re: Accident

These sorts of traffic islands are definately bad news,a guy on a bike was killed last year at one in my area they are badly designed and leave no room for error on the bikers part.
There is one of these on a road near my home which I use regularly and still have difficulty seeing the posts on approach it's only because I know it's there,and normally have to adjust position on the road to get through unscathed.
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  #12  
Old 14-09-2006, 02:28 PM
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Re: Accident

Sorry to hear about your accident.

Defiantly complain, raise your issues with both the local and county councils.
Could not find the exact place to complain when i needed to, so I sent it to the reception and politely asked if they could redirect, and I got a result (well the paintings on the floor so to speak, just need the tarmac now).
I'm sure I read somewhere that if the council are made aware of a problem and there is an accident (or another accident) and they have not taken action then they can be in trouble. So by making them aware you could be helping the next poor soul.
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  #13  
Old 14-09-2006, 03:25 PM
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Re: Accident

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Originally Posted by llew View Post
So by making them aware you could be helping the next poor soul.[/size][/font]
As it happens there was a similar accident the very next day.
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  #14  
Old 18-09-2006, 05:05 PM
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Re: Accident

Not sure what kind of island you're talking about, but we have a similar situation here, where a long, narrow street has one at each end. Problem is, the right of way changes, so if you're travelling in one direction, you have right of way at the first, but NOT at the second. I think people get into a mind set, and think they can treat both of them the same, and also, if the car in front goes through, they just follow, completely ignoring who's coming the other way. If I'm in the car, I move over to take the space and see how good they are at emergency stops, but on the bike....
Well, you're not gonna take that chance, are you....
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  #15  
Old 18-09-2006, 06:12 PM
Kiranerys-Jat
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Re: Accident

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Originally Posted by llew View Post
Sorry to hear about your accident.

Defiantly complain, raise your issues with both the local and county council.
I'm sure I read somewhere that if the council are made aware of a problem and there is an accident (or another accident) and they have not taken action then they can be in trouble. So by making them aware you could be helping the next poor soul.

if the problem is reported and not acted upon with in 24 hours then next person can sue it the law they must take action on it
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  #16  
Old 18-09-2006, 07:48 PM
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Re: Accident

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Originally Posted by Kiranerys-Jat View Post
if the problem is reported and not acted upon with in 24 hours then next person can sue it the law they must take action on it
I think you'll find this is an urban myth. If there is a defect the Highway Authority are responsible immediately and you can claim even if you are the first to suffer as a result and no one has reported the matter before. If, on the other hand the road feature complies with legislation and technical standards then there is no fault on the part of the local authority and therefore no liability.

This seems to be a case of inconsiderate motorists. If, instead of the traffic calming feature, there were a couple of parked cars creating the chicane then no one would be blaming the people who parked them. Motorists are more and more developing a "fu*k you" attitude. If they're not causing accidents in this way, they're failing to stop when temporary traffic signals turn red making everyone else miss their turn or flicking their high beam on just in time to dazzle you coming the other way. Not only does it lead to accidents but it breeds a retaliatory culture IMHO.

Sorry to say I think any chance of compensation in this case went with the car driver at the back who's number no one got. He was clearly guilty of driving without due care.
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  #17  
Old 18-09-2006, 08:41 PM
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Re: Accident

I think Paragon's right
but basically it's poor design with all this traffic calming stuff and the signage as to who has priority confuses a lot of people
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  #18  
Old 19-09-2006, 12:05 AM
Kiranerys-Jat
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Re: Accident

paragon its no myth

my mates the manager at scottish water and they get bumped all the time ref this

and my work college the other day tripped and broke his wrist and the council where out the next day relaying the tennants path and im waiting to claim ref a fall on a path and my boss is my witness photo,s included

and yes him and i work for said council and im his witness
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  #19  
Old 19-09-2006, 07:51 AM
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Re: Accident

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Originally Posted by Kiranerys-Jat View Post
paragon its no myth

my mates the manager at scottish water and they get bumped all the time ref this

and my work college the other day tripped and broke his wrist and the council where out the next day relaying the tennants path and im waiting to claim ref a fall on a path and my boss is my witness photo,s included

and yes him and i work for said council and im his witness
Sorry Mac. I wasn't suggesting that councils aren't under pressure from claims. Just that 24 hours is irrelevant. In fact, since the advent of no win - no fee claims companies they spend a huge chunk of our council tax on paying compensation to both genuine (and not so) claimants.

Problem is that the roads are deteriorating fast and there isn't enough in the council budgets to reverse the trend. So there are always going to be defects in the roads and pavements. Councils can't get insurance so any compensation comes out of the already inadequate budget. You can see where this is going to end up.

Your mate at Scottish Water is in a slightly different situation since they are only liable for the reinstatement of any opening they make in the highway. The Council are liable for everything within the highway bounary.
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