Hove cyclist sues council after fall in cycle lane

Discussion in 'Commuting' started by rusky, 22 Apr 2010.

  1. slowmotion

    slowmotion Quite dreadful

    lost somewhere
    It isn't the world's best cycle lane, but there is a faint whiff of opportunistic greed, isn't there? The bit about being "about to start a business" got my whiskers twitching. OK, I'm grumpy....
  2. dondare

    dondare Über Member

    Some years ago I read a complaint in the local paper from a man who claimed that his son had been injured when he rode his bike into a post in the middle of a cycle lane. Out of interest I went to the place and saw for myself just how this could have occurred. In fact the post was hard to see and impossible to avoid (except by not using the lane at all).
    A cycle-lane on my commute ran straight into a raised kerb that projected out across it; I complained to the council and eventually the kerb was removed.
    There are a great many examples of cycle-lanes that lead directly into such hazards. They are a trap for those inexperienced cyclists naive enough to use cycle-lanes and believe that lie in the HC about how they can "make your journey safer".
    I think that councils who build these things should be sued by their victims until they learn to design them properly or just get rid of them altogether and admit that bikes can be used safely on the real roads.
  3. Norm

    Norm Guest

    I disagree with that.

    Those who are unaware enough to cycle into things should not get preferential treatment or increased payouts from punitive damages - if anything, those who don't ride into things should be worthy of payment, for being a bit more careful and alert.

    More reasonable, though, is that the individual councillors should be sued by the local tax payers who are having to pay to get the mistakes rectified.

  4. snorri

    snorri Legendary Member

    Councillors cannot be expected to be expert in all things, is it not the council employees who have failed to follow national guidelines for cycle path construction who should carry the can?
  5. Norm

    Norm Guest

    Possibly, yes, although the councillors may not be experts, they should be able to rely on the experts that they appoint.

    Besides, my emphasis was not on proposing a new national strategy on the basis of many months or years of research and cogitation, just pointing out that those who fall off should not be the ones to benefit from punitive damages.
  6. snorri

    snorri Legendary Member

    It would be unusual to be awarded the full sum claimed for the accident, but I hardly think the victim will "benefit" in the long term, she has obviously suffered physically and mentally from her ordeal.
    We have a right to expect that facilities provided for public use will be constructed to acceptable standards.. The solicitor in this case believes they were not.
  7. summerdays

    summerdays Cycling in the sun Moderator

    Problem is that if you sue for large sums of money - it just takes it out of the pot - look at the number of people who started claiming for tripping over pavement slabs to the extent that some councils didn't have the money to repair them.
  8. dondare

    dondare Über Member

    Cycle-lanes are either under-engineered, consisting of nothing except paint; or over-engineered, with raised kerbs, bollards, contraflow lanes and complicated chicanes.

    If its just paint then its likely to be in the wrong place, such as too close to the kerb at junctions placing cyclists in the HGV kill zone or directly along side a line of parked cars in the door zone.

    If its the kerb and bollard sort then it's cost a lot of money, reduced the available width of the road for all users and added extra hazards.

    Councils should be prevented from producing these travesties and with a bit of luck getting sued might help here.
  9. dondare

    dondare Über Member

    The councils used to calculate that the cost of compensation was less than the cost of repairing them. Perhaps it no longer is but the pavements remain unrepaired.
  10. robz400

    robz400 Well-Known Member

    A joke. Its this sort of nonsense that means eventually we will all be forced to wear helmets and protective clothes everytime we leave the house.

    How the f**k can some silly bint think she can be owed money for cycling into something as blatently obvious as a kerb??

    I agreed with cliams when someone is clearly at fault eg getting hit by a car, but not when its the persons own stupidity.

    How many people on here would honestly have the lack of self respect to go through with something like this??

  11. LOGAN 5

    LOGAN 5 New Member

    This lane going south to the sea front is really dangerous. Cars park on the oustside of it separated by a kerb. So cyclists are unsighted from people about to cross between the cars having just parked etc and from cars turning into driveways from the road eg left hooked.

    I cycled down part of it once and thought how dangerous it was so used the road instead and then got a load of abuse and cut up by a motorist who said I should be in the lane! The lane has made the road narrow. It's very unpopular.

    Up in Islington in London the council have just stuck a BLACK post between the kerb and a raised platform (built so as vehicles can't drive over it thus making the road a no through road). Cyclists can ride round either side of this platform but now have to avoid the black unmarked post with no reflective bits. Wait until it's dark before somebody crashes into it.

    In Falmer at the end of the dedicated cycle lane along the A27 there are twin overlapping GREY and totally unmarked barriers right across the lane as it emerges on to a very quiet residential road. A cyclist would have to stop and slowly zig zag around it. In the dark it would be difficult to see for any unsuspecting cyclists using the path.
  12. snorri

    snorri Legendary Member

    Me, and I would do it not for personal gain, but in an attempt to focus the minds of LA transport departments who provide inadequate cycle facilities.

    PS and this thread should be in Campaign!
  13. robz400

    robz400 Well-Known Member

    So we can assume that any money 'awarded' would be passed on to some form of charity?! :tongue:
  14. Pedal Post

    Pedal Post New Member

    How come this got into the papers at all?
    Am I being cynical in thinking the wee madam or her solicitor think publicity is good to embarrass the council into stumping up?

    I do have a vested interest in this as I rode stupidly into a drain cover that swallowed my front wheel, cartwheeled me off and caused a few 100 quid damage to bike (amazingly), broken hand and dislocated jaw till it snapped back into place a week later which hurt a lot.
    I have sent my form into my council as I want them to actually fill the longitudinal gaps in the row of grids in with metal covers in order to prevent a reoccurance - if I get recompense for repairs/injury/loss of income then fair enough.

    My 'insurers' who are cycling based but naming no names again - more or less intimated that it was my fault for not looking at the road... I was looking at some pedestrian lights at the time ...and did not proceed with claim assistance as chances of success were very limited - in their view.

    I havent been on the bike since - but when the cast comes off hand - I doubt if I will cycle with any enthusiasm ever again - I wont forget the sheer bloody pain of eating tarmac for a long long time to come.
  15. Freewheeler

    Freewheeler Well-Known Member

    I think we have all seen cycle 'facilities' which show either complete ignorance or utter contempt of cyclists' safety. It's about time someone called the engineers producing them to account. Money is an excellent motivator, a large award will prompt the council to review their facilities and fix any which are dangerous.
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