Would you claim?

Discussion in 'CycleChat Cafe' started by Cinq, 9 Aug 2012.

  1. Cinq

    Cinq Active Member

    On the Sunday just gone, I was coming down a small country lane which has large detached cottages on the left hand side and a number of farms on the right. The farmer there uses the country lane to move cattle from one farm to another.

    It had been raining early in the day but it was dry with albeit a bit of damp on the ground. As you would expect I was taking it easy round the lane.

    However, on coming to a winding right hand corner that runs by the farm - my bike completely lost control due to slipping on the cow shoot that the cattle had deposited in transit sending me tumbling.

    I have had minor injuries - right leg is one big graze and my elbow has been badly bruised with a relatively deep gouge. Both injuries have become infected and I have been to A&E for treatment and I am set to go back.

    I have been informed that the farmer has a duty of care to keep the road clear for others and therefore may be liable.

    I have only given my bike a quick once over and asides from scratches on the chainstays, it appears fine. However, a friend has told me that in order to properly assess any carbon damage you would need an x-ray....(?)

    Should I bother claiming her?
    I appreciate the law instructs that a farmer has a duty of care but I am completely unsure about whether to do it.
    I have had to mess about with shifts at work to make my way to and from A&E as well.

    Have other people had any similar situations or can advise at all that would be much appreciated.
     
  2. TVC

    TVC Guest

    Do you ride the road regularly, and was there a warning sign to say cattle crossing? If the answers are yes then I suppose an argument could be made that the hazard could have been anticipated and so clear cut liability can not be shown.

    This might be one to put down to experience, particularly if there are no witnesses to support your version of events.
     
  3. marinyork

    marinyork Resting in suspended Animation

    Location:
    Logopolis
    Any video footage or photographs of the scene afterwards?
     
  4. OP
    OP
    Cinq

    Cinq Active Member

    A witness who lived next door popped his head over the fence to give me a towel and the offer a glass of wine to calm the nerves which was duly declined.

    I saw no sign to confirm that cattle were crossing.

    No video or photo footage of the scene at the time
     
  5. OP
    OP
    Cinq

    Cinq Active Member

    And yes, I ride the road at least once every 10 days or so.
     
  6. TVC

    TVC Guest

    Not one of these up then?

    1261327_008faeaa.jpg

    If not I'm not sure where the farmer stands on this one.
     
  7. OP
    OP
    Cinq

    Cinq Active Member

    I cannot say for certain but I imagine there would be one of the above signs on the road as it is a popular cattle moving route.
     
  8. Smokin Joe

    Smokin Joe Legendary Member

    I don't know whether you have a claim or not, but if it were me I'd put it down as one of those things.

    Which is just a comment BTW, not advice.
     
  9. oldfatfool

    oldfatfool Veteran

    Yeah, shoot happens

    I'll get me coat:angel:
     
    asterix, postman and Norm like this.
  10. Stephenite

    Stephenite Membå

    Location:
    OslO
    I would be more inclined to 'claim' from your employers. Expecting you to make up time lost for visiting the A+E??!
     
  11. marinyork

    marinyork Resting in suspended Animation

    Location:
    Logopolis
    Depends how accommodating your employer is. These days many people don't get paid at all for the first 3 days of being sick. So if you're injured that's just lost pay there and then. That's it.

    If you're in a union you may get compensation or a bit of pay to support you if you're injured on the way to work, but not a lot of people know about that.
     
  12. dave r

    dave r Dunking Diddy Dave Pedalling Pensioner

    Location:
    Holbrooks Coventry
    Where I work they don't pay us at all if we're off sick or injured, all we get is statuary sick pay, I was off sick last spring for three weeks and had to go back to work early as what I was getting didn't even pay the food bills.
     
    Pat "5mph" likes this.
  13. marinyork

    marinyork Resting in suspended Animation

    Location:
    Logopolis
    What I said may have been unclear. Same thing.

    A day missed off work = lost pay. So when I came off on the way to work on black ice I had to make up the hours. When I got hit by a van I had to go into work anyway. Not much different for many other people I'm afraid.
     
  14. YahudaMoon

    YahudaMoon Über Member

    Would I claim ?

    No

    This is a joke right ? Or your just talking shoot :laugh:
     
    boybiker likes this.
  15. dave r

    dave r Dunking Diddy Dave Pedalling Pensioner

    Location:
    Holbrooks Coventry
    Not getting paid for the first three days is common, the company I work for don't pay anything at all if your sick or injured, no money for the first three days then payed by the government, all I was getting was eighty quid a week.
     
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