London cyclists: Help!

[trueblue79]

Hi,

I was hoping if any fellow cyclists could help me with this?

I had a serious accident along New Cavendish Street towards Marylebone High Street (specifically junction of Wimpole Street and New Cavendish Steet) on 17 Dec 2013. There was a very large pothole and the cycle flipped over this and I fell several feet forward in full traffic. I was lucky to get away with a broken hand and bruises. As a consequence I missed work for several weeks and have had to use public transport since then.

I filed a claim complaint against Westminster council however they deny liability stating incorrectly that the road was adequately maintained according to their inspection carried out on 15 Oct 2013. According to my lawyer they have asked for independent witnesses. Unfortunately I wasn't able to get any contact details at the time from the four people who helped me after the accident.

If any one of you cycle along this road, and remember assisting me, or noticing this pothole (photo attached) last October/November I would be very grateful if you would be willing to give a brief written witness statement (that is all that is required).

I would also be grateful if you would forward this mail on to any friends/colleagues who cycle along this route.

Thanks in advance.

 

[trueblue79]

Well they say that they inspected on 15 Oct 2013 and did not find any defect/pothole...... I had an accident on 17 Dec 2013 so according to Council its not reasonable to expect them to be aware of the pothole during this interim time (approx 2 months).

"the Council suggests that the defect must have manifested itself between the day of the inspection and the day of the accident and so they could not have been reasonably aware of it at the time of the accident"

 

[trueblue79]

Sorry typo its 17 Dec 2014!! Fixed

 

[jefmcg]

there's a typo in OP posting, unless he's talking about an accident in the future.

I used to cycle along there, but sorry, I don't have that good a memory for potholes.

 

[vickster]

Did you check fillthathole straight after?

Hope you get some joy

 

[jefmcg]

how much patience do you have?

http://app.strava.com/segments/1030007?gender=both

You can tab through the list and see people who got a PR there in the time frame, and send them a message.

(edit: fixed the link)

 

[jefmcg]

Did you check fillthathole straight after?

Hope you get some joy

Looks like they keep the markers on the map for filled holes. None on that intersection

http://www.fillthathole.org.uk/hazards/map?c=51.518813,-0.147978&z=17

 

[trueblue79]

Thanks guys, good suggestions I'm learning a lot ...... no I didn't report but somebody probably did as they received a complain on 08/01/14 and repaired it same day.

They sent me a copy of the photo after repairs and their contractors completed job sheet.

 

[Fab Foodie]

also post on other forums yacf and the London sites London Fixed Gear and London Cycling campaign. Good luck

 

[trueblue79]

Thanks for the heads up Fab Foodie......posting now.

 

[jdtate101]

Check google street view. If you can see the hole, check the date the photo was taken (at the bottom left corner), as this proves the hole has been there from that date. I've seen this used against Birmingham council before, and they were forced to admit liability as it had been there 18 months.

EDIT: I've just checked for you...doesn't look like it's there in July 2012 (when the last streetview update was done)

 

[jdtate101]

http://labs.strava.com/flyby/

Also use flyby to track other strava users close to you on that date.....

 

[vickster]

Are you an LCC member? Could contact them for help/advice

 

[trueblue79]

Thanks jdtate101 I'm trying to locate and contact the Strava users

@vickster I have contacted LCC