unfinished cycle path caused an off today

[jack smith]

so this evening i was testing the bike, after installing a new crank and derailleur's yesterday.
so i decided to go a way i havent been for a while for a nice change and found a shiny new cycle path..great i thought, so i carried on and turned the corner only to find out the path did not carry on round the bend and instead was heaps of soil, NO barriers no path closed/under construction signs along the route and the dark did not help even though i had two decent front lights on my bike, just a total stop of the path and the start of heaps of mud and rock's, unfortunately the bike seem's to be a total write off. so here is my question. can i claim against the council for this? has anyone ever had a similar situation and how was it dealt with? and do you think it is them at fault? fortunately i was not too badly hurt, just shrapnel lodged right down the shin, a hard landing on the elbow ( shooting pains from the elbow to fingertips) and back of the head ( thank god for my helmet) and the shakes. any help/info would be appreciated as i really do think this is not right. but if you feel im an idiot feel free to let me know!

 

[Twelve Spokes]

Crap,that's unlucky,sorry mate.Hope you are ok,sorry about the bike.

 

[the snail]

seems pretty negligent not to have barriers / warning signs up. It would probably be a good idea to take some photos of the scene of the accident, and your injuries, and see if you can get some legal advice. You could probably get a free session with a solicitor, or if you've got insurance it might cover legal costs?

 

[snorri]

Get back there and take some photos of the site asap. The council, or whoever, will probably claim the work site was coned off and vandals pinched the cones, so look for any evidence of roadworks guarding, discarded cones etc.
From what you say I would hope you are due some compensation, a relative of mine had a similar experience and fell into an unmarked excavation. It took some considrable time, but compensation came in the end.

Edit....beaten to it by the snail

 

[ufkacbln]

Sorry to hear about your misfortune.

Keep records of expenses.

One of my girls at work wa knocked off by a car and their insurance kept delaying, so every week she would write listing the "legitimate" expenses that she was incurring due to the lack of her bike

Amazing how an increasing bill act as an incentive to pay up!

 

[fossyant]

The problem is, you went down a path that was un-known to you, you don't know what's around a corner, so I would suggest you were travelling too fast beyond your line of sight.

Can't really blame a council for that. Last year the council were re-surfacing part of the Trans Pennine near me - I came barelling down it and found lots of heaps of stone, but stopped in time.

Ideally the council wouldn't leave a track like that, but if you are going into the un-known, then take your time. Sorry if it sounds harsh, but the mounts could well have been a small child/dog/elephant.

Sh*t happens.

 

[jack smith]

its a cycle only path, so if there were pedestrians, not being funny but it would be there fault for walking on the clearly marked cycle lane, after reading all your advice ive put an emal in to the claims part of my local council ill let you all know what happens

 

[fossyant]

Erm, it's a path that most likely is shared use. You don't get 'bike only' paths. Sorry but you ploughed round a bend you coundn't see round. Your fault.

Don't try real mountain biking then, there are rocks and trees put deliberately in your way

 

[jack smith]

it goes by the side of a football ground being built, there is a carpark, the cycle path goes round the left side of the carpark and the footpath goes right, and they merge again further up the line

 

[fossyant]

It doesn't matter - have you ever seen pedestrians stick to the letter of the law, the can and do wander. Still your fault for going round a bend you can't see round. Dead simple. Could have been a MTB rider coming the other way that just rode over the mounds !

 

[Twelve Spokes]

Peds are allowed in the cycle path only,yes? Or at least they will probably walk on one.Isn't that a bit like saying we pay road tax and cyclists don't so they shouldn't be on the road? (How many times have I heard that one?)

 

[jack smith]

that still doesn't cover the fact that the path was still in construction with no warning or closed barriers if there was another cyclist comeing my way i would have seen them, you can see past the bend by looking over the hip high wall that you actually go around, unfortunatley since it's on the ground its rather impossible to see the actual path behind a wall.

 

[fossyant]

Still doesn't hide the fact you were going too fast to be able to see the surface of the path. Could be any manner of debris ! Only advising you as a very experienced cyclist. If you can't see what's in front, slow down.

Blame someone else eh ?

 

[snorri]

I think you are taking a rather harsh line there fossyant.
Road works guarding is the norm in this country, it's what people expect around planned obstructions and hazards. If there is to be a change in policy re guarding then fair enough, but there has been no change so it is reasonable for jack smith to have been offered a degree of protection from the hazard by the placing of warnings/barriers etc.

 

[jack smith]

i wasnt going too fast to start with, im not saying your advice isnt good im just seeing that the majority of the people think that the council is at fault here, and not just to me but it's a danger to other cyclists