Fill that hole
- Thread starter u9ge
- Start date
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2Loose
Guru
- Location
- Loughborough, Leicestershire.
I believe it does work that way. yes.
Negligence can be claimed only if they are aware of it.
Negligence can be claimed only if they are aware of it.
GrumpyGregry
Here for rides.
report it via the ctc http://www.fillthathole.org.uk/ then they can can't go into denial on you.... and round here it seems that with the ctc behind you the hole gets filled pretty sharpish
Will1985
Über Member
- Location
- South Norfolk
Given the thread title, I get the impression that the OP is already aware of this.GrumpyGreg said:
OP - not sure where you would stand if it was you who had originally reported the hole and subsequently had an accident, but no reason why someone unconnected might be able to claim negligence.
summerdays
Cycling in the sun
- Location
- Bristol
When I report a hole I try to put up a photo too - once that is there I fail to see how they can deny there was a hole and they didn't know about it. It can also be used to show how its deteriorating over time. In fact that is the main reason I report pot holes is in case anyone has a major problem including me.
The state of the road was reported quite some time ago but no action to date, problem I think is not pure liability dodging by Hammersmith and Fulham, it's a whole stretch of road and you could spend days reporting all the cracks/holes/sunken manholes. I just wanted to check the liability issue before contacting the council
summerdays
Cycling in the sun
- Location
- Bristol
I have a concrete road that is awful and I've come close to coming off on due to the poor road surface. I think they have done nothing as it wouldn't just be a resurface but a complete re-do I suspect. But the chances of coming off are reasonably high due to bad parking and traffic forcing your line along that road.
karlos_the_jackal
Work in progress
- Location
- Haywards heath
It just makes the liability case stronger if many reports of inadequate road conditions have occurred earlier.
Basically though they do owe a duty of care to all road users. If you can show that this hasnt been the case then you should win, if it is shown that many previous people have stated the same then it means that its likely not to be defended due to previous cases.
The thing is now that they are paying out more in claims so therefore cant afford the actual repairs. Its a viscous circle.
Basically though they do owe a duty of care to all road users. If you can show that this hasnt been the case then you should win, if it is shown that many previous people have stated the same then it means that its likely not to be defended due to previous cases.
The thing is now that they are paying out more in claims so therefore cant afford the actual repairs. Its a viscous circle.
summerdays
Cycling in the sun
- Location
- Bristol
What has annoyed me locally is that they have "resurfaced" a lot of roads where I didn't have problems and I'm sure could have waited a year or two rather than tackle the ones that actually need more than a bit of tarmac spread on them. Lots of easy jobs rather than the important difficult ones.
they have to regularly inspect roads for damage (and keep logs, reports etc) so a hole doesn't have to be reported for them to be liable for compensation. Apparently the magic number is >4 inches deep. Otherwise don't bother as this is the threshold between a hole and a, err, non hole.
summerdays
Cycling in the sun
- Location
- Bristol
4 inches deep!!! That would be enormous.
HJ
Cycling in Scotland
- Location
- Auld Reekie
GrumpyGreg said:
The only time I have tried it, it took 18 months for action to be taken...
summerdays said:
it sounded quite a lot when I heard that. This was stated by some barrister that has a bit of a personal interest (and possibly unhealthy) in potholes. He was being interviewed on one of these evening shows (ah. 5th gear I think) and advised taking photos, location details, measurements etc. then said don't bother claiming if it's <4 inches.
Clearly whoever decided that 4 inches is the official threshold was thinking with a motorist's hat on. Come to think of it. This was on 5th gear so assume the advice was for car drivers. May well be that <4 inches would apply to cyclists.
So, in summary, you can probably ignore me.
ColinJ
Puzzle game procrastinator!
- Location
- Todmorden - Yorks/Lancs border
I came upon an extremely dangerous hole on the fast descent from Blackstone Edge to Littleborough (near Rochdale) a few years back. It was on the 'racing line' and the slope of the road meant that you didn't see it until you were nearly upon it. When I first encountered the hole I managed to bunnyhop it at the last possible moment. I kept meaning to report the hole but never got round to it and it remained unfilled for over a year but then a friend of mine hit it when out on his MTB. Fortunately he had very chunky tyres and plush suspension and he just managed to keep control of his bike. It would be a different story on a racing bike with 23C tyres...HJ said:The only time I have tried it, it took 18 months for action to be taken...
I reported the hole to a site mentioned in Cycling Weekly and forwarded a copy of the report to the Highways department at Rochdale council. I told them that this was notice that there was an extreme hazard on the road, and that they should fill it immediately. If I heard of any accident caused by the unfilled hole, I would make it my business to ensure that the local media and family of any victim were informed that the council had been made aware of the problem and had failed to act. I then sat back and waited for a response...
Someone from the council emailed me back within an hour! Later that day I was forwarded another email by someone else in the Highways department. It contained the full history of the emails being passed around the department on the subject. It was quite funny really. It started off as "Fred - take a look at this", then 'Fred' passed it on to 'Mick' - "Mick - this is urgent - look into it!"... eventually 'Dave' sent a message to 'Ian' "Ian - for Christ's sake, drop what you are doing and get out and fill this bloody hole before someone gets hurt!"
The next day, I received an email from 'Ian' telling me that he'd just filled a pothole on the descent from Blackstone Edge. He attached a photograph of his repair and gave me a grid reference for it. Could I kindly confirm that he'd filled the 'right' hole and if not, where was it because he'd go and fill that one too. Result!