Bike-killer road structure - who should know?

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Re: Bike-killer road structure - who should know?

Postby g-boaf » Tue Jan 29, 2013 9:48 am

schroeds wrote:- they "sought feedback" from a representative of BikEast


That's what concerns me. They are supposedly advocating for us - and it isn't good, if that's really the case. I sympathise with you - looks like you are in a no win situation, with the risks involved
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by BNA » Tue Jan 29, 2013 9:49 am

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Re: Bike-killer road structure - who should know?

Postby Sweeper59 » Tue Jan 29, 2013 9:49 am

As a former Council engineer, my advice would be to continue raising the matter with Council. I would be speaking with engineers, Councillors and Council's insurance officer. I'm sure council would be very happy to simply let the incident 'disappear', so it's important that you keep the matter moving. I've also seen plenty of instances where Council will 'drag out' similar incidents, hoping the claimant will lose interest.

In my opinion, your accident is a result of Council's poor design. I would continue to persue them, if only to recover your costs.
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Re: Bike-killer road structure - who should know?

Postby Mike Ayling » Tue Jan 29, 2013 10:07 am

If you live in the Council area concerned don't forget to lobby your friendly local councillor who presumably wants your vote to get re-elected.

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Re: Bike-killer road structure - who should know?

Postby schroeds » Tue Jan 29, 2013 10:54 am

(edited, hadn't read the above when I originally posted ) . Thanks, I also thought a bit of perseverance and providing a stern response in the first instance might indicate I'm not just going away......I'm not looking to punish them with an outlandish claim so I shouldn't be seen as too much of a threat.... Just don't see I should be out of pocket. Perhaps once it gets legal, that sort of common sense goes out of the window!.
Last edited by schroeds on Tue Jan 29, 2013 8:23 pm, edited 1 time in total.
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Re: Bike-killer road structure - who should know?

Postby Scarfy96 » Tue Jan 29, 2013 12:57 pm

schroeds wrote:.still hoping somebody qualified might read this and comment on that...


Seems to me they already have, re-read Sweeper59 reply a couple of posts up.
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Re: Bike-killer road structure - who should know?

Postby outnabike » Tue Jan 29, 2013 3:59 pm

Hi schroeds
I can't understand the wisdom of bike sign to sucker you in, and then put an obscure danger sign there as a Caveat to their stupidity. And those bollards are designed to cause a bike to go over, especially in the wet. I would certainly be talking to a good legal firm on the matter. We are all just glad you survived.
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Re: Bike-killer road structure - who should know?

Postby London Boy » Tue Jan 29, 2013 10:23 pm

BigPete wrote:I believe you can not sue anyone in this case. My understanding is that bad road design and supporting infracture is part of the enjoyment of driving on our roads. I seem to recall that legal action can be taken when a fault (E.G. a bad pothole) is reported to the authorities but no remedy is performed within a resonable time. But still worth contacting a solicitor to see what you options really are.

Human909 is right. Check out Brodie v Singleton Shire Council. The High Court decided that dangerous road design was a type of misfeasance, for which a road authority may be liable. I don't know which state this refers to, so don't know the legislative picture, but it seems likely that there would be a reasonable case. If it is important enough, it is worth seeing a lawyer. Just be aware that legal proceedings are generally expensive, protracted and stressful.
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Re: Bike-killer road structure - who should know?

Postby knightsy » Wed Jan 30, 2013 2:58 pm

herzog wrote:You still get saddled with the defendant's costs if you lose. That's one thing they don't mention in the ambulance chaser ads.


Hi All, 1st post.. can't help weighing in on this one.

It's very rare for a plaintiff to "lose" a public liability case. The only time you could literally lose is if the case goes to trial, but the vast majority of cases reach some sort of settlement. Sometimes that settlement may only be enough to cover the plaintiff's legal bill (of course this amount will be negotiated by the lawyers :D), but if you have a genuine claim, you should end up with something back. Of course it will take a while.

My wife works in liability insurance and the stories I hear of what people get away with are mindblowing. Even cases that are clearly fraudulent get settled - usually only enough to cover the lawyer's fee thank goodness.

From what she tells me, if the council or other responsible party is smart, they have already notified their "insurer" (which in this case I guess is some government entity) that there may be a possible claim coming in. Of course they haven't mentioned anything about that in their reply. If they haven't, the insurance people will be spitting chips when a claim does come in because of the elapsed time between the incident and the claim, which makes it harder for them to defend.
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Re: Bike-killer road structure - who should know?

Postby schroeds » Wed Jan 30, 2013 6:39 pm

Thanks, it'll really help to have some law to throw into my response. Surprised nobody here knows anybody from BikEast...maybe that organisation moves in different worlds to this forum!
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Re: Bike-killer road structure - who should know?

Postby knightsy » Wed Jan 30, 2013 10:31 pm

Wife's advice is to lawyer up - no win, no fee. They won't take it on if it's unwinnable. And you'll definitely get taken seriously by the council at that point. At the moment they can keep you at arm's length.
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Re: Bike-killer road structure - who should know?

Postby elStado » Wed Jan 30, 2013 11:19 pm

Sue them. Those things are terribly dangerous. Even if you don't win big it will force them to rethink what they put on the road.
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Re: Bike-killer road structure - who should know?

Postby schroeds » Thu Jan 31, 2013 6:51 am

encouragement and advice gratefully accepted :)
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Re: Bike-killer road structure - who should know?

Postby lump_a_charcoal » Thu Jan 31, 2013 7:03 am

schroeds wrote:encouragement and advice gratefully accepted :)


I used a large, no win-no fee lawyer group after a car prang a few years ago.

The first consultation is where they will determine you have a case or not. I wasn't too sure I did, but they were. I mean I had injuries, but I didn't think they were bad enough at the time. Turns out that they were long lasting actually... :cry:

Anyway, like somebody else said, they will only take it on if they think they will win, so it is relatively risk free for you.

My advice now would be to start a diary, detailing everything about the incident, including what you can no longer do (ride, mow lawns, empty dishwasher, wash car, etc), as well as medical appointments so far.

My case went no further than a settlement, where I came out on top.

Hope it works out for you also.
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Re: Bike-killer road structure - who should know?

Postby schroeds » Thu Jan 31, 2013 12:00 pm

I'm really sorry to hear you have ongoing complications, that's a real concern to me too as my shoulder is not mending after 4 months.
Would you be prepared to PM me the name of the company you used?
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Re: Bike-killer road structure - who should know?

Postby lump_a_charcoal » Thu Jan 31, 2013 12:52 pm

schroeds wrote:I'm really sorry to hear you have ongoing complications, that's a real concern to me too as my shoulder is not mending after 4 months.
Would you be prepared to PM me the name of the company you used?


Done.
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Re: Bike-killer road structure - who should know?

Postby birdbrain » Thu Jan 31, 2013 1:12 pm

The kitty generally has to be significant before No Win-No Fee lawyers are interested in getting involved. It's also not as it simple as it sounds because you are liable for disbursements etc regardless of the outcome. Anybody who thinks about using these types of lawyers should check the facts first. After my last mishap I looked into self representation in the magistrates court and it's a fairly straight forward procedure. Both lawyers that were involved in my case were basically disinterested even though I got a payout form the drivers insurance company 10 months after the incident. If you have a local legal service get some advice before you do anything.
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