Discussion
I managed to fall off this weekend, first time and it bloody hurt.
I was wearing all the right stuff so I am lucky really, no breaks but my ankle is twice its normal size and can't take any weight and my shoulder is the same.
My Bike's Ok as well surprisingly but it managed to land on the grass verge, I didn't!
Anyway, I came off due to a junction on a bend in a country lane where a newish road surface met an old and cars had thrown the loose chippings on the bend, as I came round and slowed down, my rear wheel lost traction but I stayed upright. It was too late though and the front wheel hit the verge flipping the bike sideways and me through the air onto my head and shoulder (god knows how I twisted my ankle).
Is this the councils responsibility? I don't remember any signs about loose chipping's, or is it tough luck and learn from the experience?
I am yet to re-visit the bend as I am stuck on the sofa all day now!
Mark
I was wearing all the right stuff so I am lucky really, no breaks but my ankle is twice its normal size and can't take any weight and my shoulder is the same.
My Bike's Ok as well surprisingly but it managed to land on the grass verge, I didn't!
Anyway, I came off due to a junction on a bend in a country lane where a newish road surface met an old and cars had thrown the loose chippings on the bend, as I came round and slowed down, my rear wheel lost traction but I stayed upright. It was too late though and the front wheel hit the verge flipping the bike sideways and me through the air onto my head and shoulder (god knows how I twisted my ankle).
Is this the councils responsibility? I don't remember any signs about loose chipping's, or is it tough luck and learn from the experience?
I am yet to re-visit the bend as I am stuck on the sofa all day now!
Mark
Get someone to go back asap with a digital camera and take photo's. If there is a load of gravel on the road and there was no signs to warn you - especially if it was new - then you could well have something to get onto the council with. A friend of mine sued the council very well when her new porker went round a corner that had the wrong type of gravel on the road (it was a new road) and spun the car into a hedge. She got a lot of money (it could of killed her).
Were the police there? or did you get yourself home?
You know really if it was their fault or your's - if you where driving at the speed limit and not tearing it up then you may well have a case (if you can be bothered).
Anyhow good to hear that you fine, I've had worse falling of my skateboard!. (Get loads of ice on your ankle and shoulder).
>> Edited by bosshog on Thursday 18th July 08:55
Were the police there? or did you get yourself home?
You know really if it was their fault or your's - if you where driving at the speed limit and not tearing it up then you may well have a case (if you can be bothered).
Anyhow good to hear that you fine, I've had worse falling of my skateboard!. (Get loads of ice on your ankle and shoulder).
>> Edited by bosshog on Thursday 18th July 08:55
If the gravel/chippings is from recent roadwork then you have a chance, if its just detritus etc then prob not.
You need to revisit the site, take photos, especially of the loose gravel, etc. You should've reported this to the police so that there is some sort of official record if you have to go to court to get compensation.
Also get a doctors report of your injuries and report the incident to the council, so they have a record of the incident too, especially if they don't do anything about the gravel once its been reported. Then write to then explaining what happened and you want compensation for injuries and repair of the bike etc. They will probably send you a claim form, beware this is not admission of guilt, just procedures! I used to deal with this sort of thing in a highways dpt, and quite often the people who get paid out are the persistent ones (those trying it on usually give up after the first shrug off), and the council or their insurance company just pay out 'without prejudice'. also I once got a pay out from the Highways Agency after driving my car through a flooded road and siezing the engine, they paid out 'without prejudice', I was gobsmacked. I wouldn't have bothered but some colleagues told me its worth a try.
Sounds like your case is worth a try, I recently heard of a case of a payout to a biker who slid on gravel due to recent roadworks. You just need to make sure you have all the facts etc. Good luck.
You need to revisit the site, take photos, especially of the loose gravel, etc. You should've reported this to the police so that there is some sort of official record if you have to go to court to get compensation.
Also get a doctors report of your injuries and report the incident to the council, so they have a record of the incident too, especially if they don't do anything about the gravel once its been reported. Then write to then explaining what happened and you want compensation for injuries and repair of the bike etc. They will probably send you a claim form, beware this is not admission of guilt, just procedures! I used to deal with this sort of thing in a highways dpt, and quite often the people who get paid out are the persistent ones (those trying it on usually give up after the first shrug off), and the council or their insurance company just pay out 'without prejudice'. also I once got a pay out from the Highways Agency after driving my car through a flooded road and siezing the engine, they paid out 'without prejudice', I was gobsmacked. I wouldn't have bothered but some colleagues told me its worth a try.
Sounds like your case is worth a try, I recently heard of a case of a payout to a biker who slid on gravel due to recent roadworks. You just need to make sure you have all the facts etc. Good luck.
Thanks guy's, I will try to get back there asap. but I am still immobile and my wife doesn't drive 
The 2 road surfaces were different, the road I was on was not brand new, but must have been re-surfaced fairly recently, the road taking off from this was old black tarmac, this is where the build up was. I wasn't going fast, must be less than 30, it was quite a tight bend, I think the road is national limit anyway.
I am still off at home and waiting to see a physio now, ho hum...
I will get back up there and take my camera.
Cheers for the advice.
Mags
The 2 road surfaces were different, the road I was on was not brand new, but must have been re-surfaced fairly recently, the road taking off from this was old black tarmac, this is where the build up was. I wasn't going fast, must be less than 30, it was quite a tight bend, I think the road is national limit anyway.
I am still off at home and waiting to see a physio now, ho hum...
I will get back up there and take my camera.
Cheers for the advice.
Mags
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