View Full Version : Pothole payout
VLAD (the Friendly Vamp)
31st March 2009, 7:20 PM
This is very good news for cyclists and everyone else using the roads in UK.There is however the old clause that once the council have recognised a fault in the road they must repair it forthwith. They also must inspect the roads every 6 months for damage.If they dont then they are liable.This is where lots of cases fall short as the Council normally say they inspected the roads and the hole was not there.I presume that the Gent on this occasion had documentary proof that the hole had been there for some time and the council had done nothing about it.Also intresting to note is that Russel Jones and Walker are my Insurance company. Now wheres that Pot hole.
31st March 2009, 7:38 PM
On the day of the accident, the weather was clear but the pothole in the road was not visible from my bikeDon't go where you can't see. Sorry but if the guy had been using his eyes he would have seen the pothole and either avoided it or hopped over it. Claims culture, people blaming others for their own stupidity and incompetence, nanny state. I want craters big enough to stop cars not potholes!
31st March 2009, 9:37 PM
I live within ten miles and have cycled on this road before. The quality is rather lacking - I'm suprised the potholes are that bad however because I distinctly remember a large part of it near the M4 was resurfaced.
1st April 2009, 8:17 AM
JohnG,heres what happened to me:fast descent into a "bomb hole" van overtakes me a squeezes me into the gutter where there is a huge pothole, that l could not avoid nor jump . l hit the pothole at speed, broke my front wheel and was catapulted over the bars, resulting in loss of earnings. Not to mention the damage to my bike.now tell me why l should not be compensated for loss of earnings and repairs carried out to my bike, which at the time l was riding Campagnolo record! not cheapwould you honestly not claim ..... l dont think so!
ian tatton 2
1st April 2009, 9:12 AM
The state of some of our roads are shocking. I am beginning to feel that the biggest threat to my safety while riding is the brocken roads, sunken iron works, potholes etc. While everybody i am sure looks out for these hazards Its easy to get caught out when in traffic etc. Good for him i say !
1st April 2009, 1:39 PM
VLAD (the Friendly Vamp) wrote (see)There is however the old clause that once the council have recognised a fault in the road they must repair it forthwith. One way of making a council recognise a fault in the road is to report it - the councils can't be everywhere.Vlad recently put up a link to this web site that you can use to report faults anonimously via the CTC (membership is not required). The fault is then passed on to the relevent council and it is then repaired in very short order. Admittedly the repair is usually a bucket of asphalt chucked in the hole with minimal flattening but it's better than falling into a bomb hole.Since Vlad's post, I have used this web site for a couple of stinkers on my regular routes and these have been repaired very quickly - cheers Vlad.
VLAD (the Friendly Vamp)
1st April 2009, 5:09 PM
Once again;Nice to be appreciated.
1st April 2009, 6:07 PM
Too fast for the conditions eh Big@l. No I wouldn't have made a claim.I reproach drivers for thinking that a 30mph speed limit means it's automatically safe to drive a 30mph even when its not and I suggest that if you'd used your eyes and brain you wouldn't have been going too fast and had plenty of time to see and avoid the pothole, or even stop completely before it. The only time I have sympathy for cyclists that crash in potholes is when they are hidden in deep puddles. I despise people that claim for tripping up uneven pavements and have zero sympathy for road users that can't cope with uneven surfaces. Edit: my local road is like a minefield after the winter freeze and thaw. If you should vist France do not try to descend the Col d'Aubisque at 90km/h+ because you will probably crash and you will be laughed out of the local courts if you try to make a claim because you wer thrown off going over potholes too fast.
exTTer, riding again
1st April 2009, 10:33 PM
There is a sunken bit in the road on a descent where the surface isn't broken so nothing obvious to see/avoid. But go through it at normal descent speed and it's just the right shape to make you lose contact with the saddle. Dangerous? Yep. Avoidable? Hmmm
2nd April 2009, 10:23 AM
JohnG wrote (see)... The only time I have sympathy for cyclists that crash in potholes is when they are hidden in deep puddles...So you never ride at night then? And you think it's ok for roads to be in such a state that even cyclists riding slowly enough for the condtions are forced to weave about the road trying to avoid the potholes - that's nice and safe.I've used VLAD's excellent link loads of times - now it's reported at least they either have to fix it or admit liability if it causes an accident.
2nd April 2009, 11:13 AM
Probably ridden at night more than you Mr Brown. I weave about potholes or not, it slows the cars down and they give me more room.
peter b 3
2nd April 2009, 1:54 PM
I visited fillthathole intending to report a couple of local ones, only to find that they were already there:Two deep potholes close to kerb, one circular, one oblong, running accross the direction of travel, both very hazardous to cyclists as it is a fast road and the cyclist has to keep well in, on target for potholes.- these on a very busy 2 lane major 'A' road in Wiltshire. The only way to avoid these safely is to STOP and walk round them (on the verge), to pull out suddenly is potentially suicidal! They were reported April 2007and Wiltshire has a 36% clearup rate. Are they waiting for someone to sue?
2nd April 2009, 2:25 PM
peter b 3 wrote (see)I visited fillthathole intending to report a couple of local ones, only to find that they were already there:You can report the same pot holes - it can only add weight to the complaint. If it's safe to do so, take photos and add them to your report. They can't deny a problem then!
2nd April 2009, 3:16 PM
JohnG wrote (see)Probably ridden at night more than you Mr Brown. I weave about potholes or not, it slows the cars down and they give me more room.So JohnG you dont remember your cycling proficiencey that tells you not to swerve around drains, potholes etc as its dangerous and you are likely to be hit by a car?? Good Plan
2nd April 2009, 5:14 PM
JohnGit sounds like you have exceptional bike handling skills, and are extremely wealthy to not have to worry about loss of earnings. Even the best hit the deck now and again!read this
2nd April 2009, 5:27 PM
As I don't earn anything it is true that I don't have to worry about a loss of earnings. I've fallen off bikes plenty, usually due to my own incompetence or stupidity and just occasionally helped by other road users. Le Code de la Route gives me space, I use it with self preservation in mind. I ride so far out that I'd have to sverve in to get anywhere near a drain.
2nd April 2009, 8:45 PM
'I despise people that claim for tripping up uneven pavements and have zero sympathy for road users that can't cope with uneven surfaces. 'Really, even if they are elderly and suffer broken bones as a result? Come, come. I don't like people using compo as an income stream, but surely this is a bit too far John?
2nd April 2009, 8:48 PM
JohnG wrote (see)Probably ridden at night more than you Mr Brown. I weave about potholes or not, it slows the cars down and they give me more room.Sounds like natural selection should sort you out then.
2nd April 2009, 8:54 PM
My mother-in-law tripped over a pavement, broke her hip and made no claim whatsoever. Some people are capable of accepting responsibility for their own actions. Others are all to ready to hire a morally corrupt legal shark in the hope of making a fast buck out of blaming an inanimate object for their own stupidity.Edit to cover crossed posts:I've already done all the breeding I intend to do so my imperfect genes have been passed on. They've survived years of potholing (no joke), motorsport, climbing, ski mountaineering, cycling on and off road. The geologist in me knows there's a high random factor in natural selection. In my case my stupidity and incompetence has been compensated by being fit and robust enough to survive a 9m fall head first onto rocks, various crashes and extreme conditions. Something will no doubt get me one day, hopefully before I turn into a senile burden on those around me.
3rd April 2009, 1:59 PM
In wilderness conditions, unpredictable conditions and uneven surfaces may be expected. Behaviour may be modified accordingly and injuries resulting from mishap accepted as the outcome of unavoidable risk .The original and main purpose of building roads and pavements was and is to expedite movement by providing a fast and predictable way. If they are not predictable, then they have to be travelled slowly which rather spoils the whole affair.Where a public body is charged with maintaining roads or pavements in a safe condition, users of said surfaces are entitled to expect to be able to make certain assumptions when moving around, not the least being that they will not be tripped up or tipped off their bike or suffer damage to wheels, tyres or suspension of a vehicle. Therefore, no dangerous fault in the surface should be there. Inevitably there will be an initial appearance, at which point any victim must accept they have simply been unlucky. If, after notification, the responsible body fails to make the fault safe, it must be negligent in its duty and rightly liable to pay for damages. Otherwise we'd all be creeping around everywhere for fear of hitting a hole.
3rd April 2009, 2:00 PM
There's a big difference between an American style system where people sue for the flimsiest of reasons (and win!) - 'I dried my dog in the microwave and it got burnt' syndrome - and one where legal action is for good reason. People should generally take responsibility for their own actions, I agree, but in certain cases a duty of care is owed by others. Plus, I pay lots of money in taxes, some of which is meant to be used to keep the roads in reasonable condition. It pisses me off the amount of money that councils will happy waste on trivia, whilst at the same time not carrying out their basic functions. If I/my bike get damaged hitting something the council should have repaired then it's not unreasonable to expect them to pay for it - and the way their processes are set up, sometimes you are forced to sue as they just will not admit liability. And natural selection is not that simple - so be careful out there.
10th April 2009, 12:27 AM
I blame my self for going over a huge pot hole, but the fact that it hasn't been reported or filled in the past week and they spend money on painting cycle lanes in cities makes me quite sick.When the wind picks up and you want to get your head down, and suddenly you go into a pot hole, there isn't much you could have done, not when it suddenly appears the next time you bike out.Shame I don't have insurance for the bike. I have been thinking about getting some, but does it cover pot holes, as that's the only worry apart from theft.
10th April 2009, 8:21 AM
When the wind picks up and you want to get your head down, and suddenly you go into a pot hole, there isn't much you could have done, not when it suddenly appears the next time you bike out.Errrr - you could have looked forward instead of at the cranks. Even Obree in his egg and superman tucks rode looking ahead.