Advice needed (don't worry, not about a new bike!)

[MARKE020272]

On Monday, on the commute home from London Bridge. If you don't know the area, they are redeveloping the train station. I was going through the Bermondsey tunnel where the lorries (Keltbray) are exiting the site. The road was covered in mud from the lorry wheels and as I turned right, the front wheel disappeared from under me. I ended up with suspected broken ribs (Hospital don't x-ray for ribs!), concussion, cuts and bruises. I've been advised to change the helmet due to possible fractures. Yes, I was luckily wearing a helmet (that's another argument) which I'm glad I was. My question is where do I stand legally with regards of the mud on the road, etc?. Thanks

 

[smokeysmoo]

According to section 148 of the Highways Act 1980 it is an offence to deposit mud on the public highway, see HERE.

THIS might also help.

PS: I don't know anything legal to assist you, just thought the above may help

 

[Milzy]

Site near me has constant road sweepers going up & down.

 

[biggs682]

thats not good to hear , must be worth speaking to a solicitor about

 

[smokeysmoo]

I've just had a look through 'The OFFICIAL DSA THEORY TEST for Drivers of Large Vehicles' as I recalled a question about this subject whilst revising for my recent Class 2 LGV test.

I've taken pics so you can see for yourself. I've also marked the correct answer as quoted in the back of the revision book. The paragraph to the right is an explanatory note as to why the answer is what it is.

Question 8.94 asks;

and FYI question 8.95 is:

IME any reputable building site will have a tyre wash that wagons must drive through before leaving site, and as Milzy said, street sweeping wagons constantly 'patrolling' the road into and out of the site.

Hope this helps

 

[Hill Wimp]

Get some photos of the road with mud, and of the damage to your bike, on it and speak to the council to see if any of the CCTV cameras cover the point of accident and if they record as some don't. If they captured the accident that will help but also they may show the mud on the road throughout the day and on previous days too. Report the accident to the Police, if you do this by phone get a CAD number, if you do this in person Southwark Police station cover this area. I don't dispute seeing a solicitor but that won't get the road cleaned up very quickly for you and other cyclists. Its also worth writing to the local council highways department to make sure they know as there is some action they can take too.

 

[glenn forger]

Impossible to say where the mud came from, surely?

 

[byegad]

CTC will help you if you are a member.

 

[MARKE020272]

Thanks byegad, I'm a member of CTC, have spoken to their helpline for advice. Glenn, not really when the mud trail goes back down the road into the construction site!. Cheers anyway.

 

[jonny jeez]

Impossible to say where the mud came from, surely?

I'd say the opposite. very easy to see where the mud came from, the trail of mud leads back to the site.

 

[User6179]

I'd say the opposite. very easy to see where the mud came from, the trail of mud leads back to the site.

I think he meant which lorry deposited the mud on way out ,which would be impossible to say .

 

[jonny jeez]

I think he meant which lorry deposited the mud on way out ,which would be impossible to say .

Perhaps.

but it wouldn't be the lorries responsibility to stop mud getting on its wheels, it would be the sites to stop the mud causing a danger..

 

[User6179]

Perhaps.

but it wouldn't be the lorries responsibility to stop mud getting on its wheels, it would be the sites to stop the mud causing a danger..

What if the site provide wheel washing facilities and the lorry drivers just don't use them, I don't think the OP will be successful in any claim against the site IMO .

 

[jonny jeez]

What if the site provide wheel washing facilities and the lorry drivers just don't use them, I don't think the OP will be successful in any claim against the site IMO .

Still the sites responsibility to ensure the site rules are enforced. That's why they pay for a site manager. If the site can prove wilful avoidance of the site rules then they can make a counter/independent claim against the driver/delivery firm.

But it still comes back to the site.

its one of the reasons the site managers details are published on a big site board, so that people know who is responsible.

 

[User6179]

Still the sites responsibility to ensure the site rules are enforced. That's why they pay for a site manager. If the site can prove wilful avoidance of the site rules then they can make a counter/independent claim against the driver/delivery firm.

But it still comes back to the site.

its one of the reasons the site managers details are published on a big site board, so that people know who is responsible.

If your that confident offer to pay OPs legal bill for a percentage of any compensation !?