Injury after hitting pothole

[I like Skol]

What was the road surface like outside the Dalesman Cafe on the SITD? I initially thought that the surface had been removed ready for replacement, but it wasn't smooth enough for that.

Yes - that was a classic example, wasn't it - we couldn't believe how bad that stretch of road was! I don't know if potsy took any pictures of it? I would have done if I'd had my camera with me.

Yes but you spotted it due to diligent cycling so rode accordingly, therefore no one got hurt, nothing got damaged and you all continued to enjoy your days cycling?

The argument about whether local authorities are repairing and maintaining our rodes in a prudent and efficient manner is a seperate discusion. I think the point that we are trying to establish here is that we all have a responsibility to act sensibly and safely. Life will never be totaly free from risk (and many will argue that it shouldn't be and would be a dull if it were) but I don't think there is a single member of this forum that doesn't know roads have potholes and expect to encounter them at some point!

 

[screenman]

In the mean time we ride carefully and expect the unexpected.

 

[lukesdad]

this is the first of many such posts that entirely miss the point of the thread. The OP asked a question. The answer came in the next post.

The rest is fluff.

No, you ve missed the point if he'd been watching where he was going the question wouldn't have to be asked would it ?

 

[Alun]

In the mean time we ride carefully and expect the unexpected.

It's a nice line, but you can't expect the unexpected, because it wouldn't be unexpected if you did. I don't expect the roads to be as good as in say Majorca, but some are much worse now than I can remember them for many years. I can't help thinking that council's must almost pay out as much in compensation as it would cost to keep the roads in a decent state in the first place.

 

[lukesdad]

Also bear in mind that the NHS will only offer you a denture for the missing teeth so if you want implants or a bridge you'll have to pay privately & it's likely to cost around £500 a tooth.

Can I sue the forestry commision for the lost tooth while mtbing in brechfa then ? Seems a logical progression and where does it all stop ?

 

[lukesdad]

I had an expectation it was rideable, being a cycle route.

 

[Alun]

Can I sue the forestry commision for the lost tooth while mtbing in brechfa then ? Seems a logical progression and where does it all stop ?

If you can prove they were negligent, I suppose you could!
Was it a result of a fall, or tackling a challenging pie crust in the cafe

 

[Red Light]

Yes - that was a classic example, wasn't it - we couldn't believe how bad that stretch of road was! I don't know if potsy took any pictures of it?

Is this it?

 

[Poacher]

That looks like under Mam Tor; definitely rideable.


Paging Danny Macaskill.......................paging Danny Macaskill....................

 

[Red Light]

It seems to me that most of the potholes and poor surfaces are the result of previous roadworks particularly by the utility companies. Given that they have to have permission to dig up the road, it shouldn't be beyond the wit of councils to find out who was responsible for that bit of reinstatement and get them back to fix it at the utilities expense or to do it themselves and bill them. And the utilities/contractors might actually get round to doing a proper job of it rather than a poor effort that fails within a year if it costs them to keep coming back. The Councils could then use their limited resources to repair the potholes that are just normal wear and tear.
http://www.bbc.co.uk/news/uk-17376556
It apparently costs £48 to repair a pothole.

 

[Red Light]

That looks like under Mam Tor; definitely rideable.


Paging Danny Macaskill.......................paging Danny Macaskill....................

Definitely, ridden it many times myself including in snow which was fun. Danny Macaskill not needed - even I can manage it and keep my front teeth.

 

[screenman]

Can a proper as you say job be done in a reasonable time scale? Lincolnshire by the way has 5,592 miles of road most of which are not as smooth as silk.

Q3. “Is the county council responsible for damage to vehicles or personal injury as a result of
potholes? Can I sue the council?”
No, not usually. We are only potentially liable to pay for damage to vehicles or personal injury if we have
been negligent. We are not expected to keep roads free of potholes at all times. Unfortunately, when
conditions are severe, potholes will be more common. Road users must therefore be on the look out and
take greater care after severe weather.

It is often thought that only bad weather damages road, in certain parts of the country like ours drought also causes major expensive problems.

 

[lukesdad]

If you can prove they were negligent, I suppose you could!
Was it a result of a fall, or tackling a challenging pie crust in the cafe

Case of negligence by both parties in this case a detour sign was not visible but as my duty to myself is my own personal safety, I considered myself to be at greater fault.

 

[fatblokish]

Can a proper as you say job be done in a reasonable time scale? Lincolnshire by the way has 5,592 miles of road most of which are not as smooth as silk.

Q3. “Is the county council responsible for damage to vehicles or personal injury as a result of
potholes? Can I sue the council?”
No, not usually. We are only potentially liable to pay for damage to vehicles or personal injury if we have
been negligent. We are not expected to keep roads free of potholes at all times. Unfortunately, when
conditions are severe, potholes will be more common. Road users must therefore be on the look out and
take greater care after severe weather.

It is often thought that only bad weather damages road, in certain parts of the country like ours drought also causes major expensive problems.

I'd hardly expect the answer to be "yes please!"
Anyone can sue anyone else whenever they wish to. The probability of success, however, is variable. And to those that say a claim is unlikely to succeed, what evidence can they present to demonstrate that, in the OP's case, the council has not been negligent?

 

[Red Light]

Can a proper as you say job be done in a reasonable time scale? Lincolnshire by the way has 5,592 miles of road most of which are not as smooth as silk.

Q3. “Is the county council responsible for damage to vehicles or personal injury as a result of
potholes? Can I sue the council?”
No, not usually. We are only potentially liable to pay for damage to vehicles or personal injury if we have
been negligent. We are not expected to keep roads free of potholes at all times. Unfortunately, when
conditions are severe, potholes will be more common. Road users must therefore be on the look out and
take greater care after severe weather.

They must be negligent a lot then.