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Ask an Expert I had an accident at some road works, the council are saying its the contractors fault and the contractors are saying its not. what should i do? Legal

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Gp90

Joined:

Dec 11

Posts: 2

Gp90 says:

I had an accident at some road works, the council are saying its the contractors fault and the contractors are saying its not. what should i do?

I was going around a corner some road works, 15/20 ish mph there was loose gravel on the road and caused me to crash. I sent a claim to the council, they said it was due to the contractors who were doing the roadworks and that they would pass my complaint on.
I received a letter this morning from the contractor saying that their local area manager said there was gravel there before hand so the responsibility lies with the council. I have a witness who lives in the area who said that the gravel has only been there since the roadworks. I have plenty of photos and a sample of the gravel.

Do you think I should pursue it through the small claims court against the contractor?

Ill try and get a couple of the photos up when I can find them!

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  • Posted 3 years ago (24 December 2011 09:33)

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eatcs01

Joined:

Aug 02

Posts: 3270

eatcs01 says:

accident

I'd contact ACIC on here. He's the biking accident legal expert

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Gp90

Joined:

Dec 11

Posts: 2

Gp90 says:

.

cheers! ill get in touch with him!

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MakemRider

Joined:

Jul 11

Posts: 244

MakemRider says:

Accident

From what I understand of situations like this is the 'caretaker' (for want of a better word and that would be the contractoras it is their responsibility to ensure the area is clear & safe) is only responsible if

1: They are aware of the danger & haven't taken the necessary action to reduce/eliminate it.

or

2: They don't have an effective proceedure in place to check the area & deal with any situation that arises or that they fail to operate said proceedure.

If the loose gravel has been there more than a resonable time and there were no signs warning road users of loose gravel then I would guess the contractors would be liable.

Send a copy of the contractors letter to the council, keep copies of ALL your letters & the orignal replies you recieve, photos, witness statements/addresses etc. & speak to a solicitor.

Also, Were the contractors using gravel? How close to the roadworks was the gravel? Even if it wasn't within the roadworks themselves the contractor could be liable as it would be their responsibility to keep the approach/exits to the work area if the work they were doing allowed vehicles to extend the affected area.

i.e.Car tyres would pick up gravel/mud etc. within the work area & deposit it on exit as would tyres/tracks of the work vehicles themselves.

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philehidiot

Joined:

Feb 09

Posts: 4758

philehidiot says:

just remember

every day the pain is getting worse. Should work wonders for suing them. You're entitled to replacement gear, new hat (I got a lighter one even though the original wasn't damaged as my neck was hurt), personal injury and bike repairs - get a dealer quote for it all to be done perfectly. Don't hold back - if it's damaged, get it replaced and if it has caused you injury then get it claimed for as it is the only way these people learn not to be negligent.

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Cyclonite

Joined:

Oct 10

Posts: 306

Cyclonite says:

Insurance

Demand to see the Contractors insurance documents.

My Tae-Kwon-Do instructors insurance basically states that if the class location is unsafe and i know about it and don't warn each and every student then any injuries or deaths are my responsibility.

Should be the same principal for the contractors insurance company.

I'd recommend contacting the council for the insurance documents because they SHOULD have them and will probably gladly help you if it means they dodge the bullet.

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