Advice Please

[Gadget]

I had a minor accident last night on my way home, involving me and a dodgy
cycle path. I'm not sure how many know the A10 (AKA: The Great Cambridge
Road). In between Bury Street and Lincoln Road there is a hill/bridge near a
school. It was on this stretch that incident happened. As I was going up the
hill toward Lincoln Road I had to skirt a few trees that the council had
decided to put in the cycle path. The cycle path is shared with the
pavement, so going around the trees put me on the pavement. After going
around the tree I went to get back on the cycle path but there was an unseen
gap between pavement and path just wide enough to accommodate my front tyre.
(I had road slicks on the bike, so they were narrow tyres) My bike comes to
a sudden halt and I'm thrown from the bike, injuring my right wrist and
right ankle. Nothing serious though, just a sprain. It could have been
worse, if it weren't for the crash barrier I would have been thrown into on
coming traffic. This happened at 10:30 at night so the traffic weren't heavy
but there was the traffic. After dusting myself off, I inspect the bike.
Both the tyres ended up in the groove/rut and are now flat. Because of the
time of night I couldn't do an extensive assessment but I believe the front
rim has buckled and I did hear a click as I came off bike so that has to be
checked. I'm going to take photos of the bike and of the path. My question
is do I have any chance claiming compensation for this from the people who
are meant to maintain the path and who would those people be?

Any help would be appreciated.

Many Thanks

Gadget

[Ian]

Gadget must be edykated coz e writed:

> I had a minor accident last night on my way home, involving me and a dodgy
> cycle path. I'm not sure how many know the A10 (AKA: The Great Cambridge
> Road). In between Bury Street and Lincoln Road there is a hill/bridge near a
> school. It was on this stretch that incident happened. As I was going up the
> hill toward Lincoln Road I had to skirt a few trees that the council had
> decided to put in the cycle path. The cycle path is shared with the
> pavement, so going around the trees put me on the pavement. After going
> around the tree I went to get back on the cycle path but there was an unseen
> gap between pavement and path just wide enough to accommodate my front tyre.
> (I had road slicks on the bike, so they were narrow tyres) My bike comes to
> a sudden halt and I'm thrown from the bike, injuring my right wrist and
> right ankle. Nothing serious though, just a sprain. It could have been
> worse, if it weren't for the crash barrier I would have been thrown into on
> coming traffic. This happened at 10:30 at night so the traffic weren't heavy
> but there was the traffic. After dusting myself off, I inspect the bike.
> Both the tyres ended up in the groove/rut and are now flat. Because of the
> time of night I couldn't do an extensive assessment but I believe the front
> rim has buckled and I did hear a click as I came off bike so that has to be
> checked. I'm going to take photos of the bike and of the path. My question
> is do I have any chance claiming compensation for this from the people who
> are meant to maintain the path and who would those people be?
>
> Any help would be appreciated.
>
> Many Thanks
>
> Gadget
>
>
The council highways department should be the first port of call, if you are
a CTC member then call them first for advice.

--
Ian

http://www.catrike.co.uk

[Ian]

Gadget must be edykated coz e writed:

> I had a minor accident last night on my way home, involving me and a dodgy
> cycle path. I'm not sure how many know the A10 (AKA: The Great Cambridge
> Road). In between Bury Street and Lincoln Road there is a hill/bridge near a
> school. It was on this stretch that incident happened. As I was going up the
> hill toward Lincoln Road I had to skirt a few trees that the council had
> decided to put in the cycle path. The cycle path is shared with the
> pavement, so going around the trees put me on the pavement. After going
> around the tree I went to get back on the cycle path but there was an unseen
> gap between pavement and path just wide enough to accommodate my front tyre.
> (I had road slicks on the bike, so they were narrow tyres) My bike comes to
> a sudden halt and I'm thrown from the bike, injuring my right wrist and
> right ankle. Nothing serious though, just a sprain. It could have been
> worse, if it weren't for the crash barrier I would have been thrown into on
> coming traffic. This happened at 10:30 at night so the traffic weren't heavy
> but there was the traffic. After dusting myself off, I inspect the bike.
> Both the tyres ended up in the groove/rut and are now flat. Because of the
> time of night I couldn't do an extensive assessment but I believe the front
> rim has buckled and I did hear a click as I came off bike so that has to be
> checked. I'm going to take photos of the bike and of the path. My question
> is do I have any chance claiming compensation for this from the people who
> are meant to maintain the path and who would those people be?
>
> Any help would be appreciated.
>
> Many Thanks
>
> Gadget
>
>
The council highways department should be the first port of call, if you are
a CTC member then call them first for advice.

--
Ian

http://www.catrike.co.uk

[chris French]

In message >, Gadget
> writes
>I had a minor accident last night on my way home, involving me and a dodgy
>cycle path.

<snip>

>After dusting myself off, I inspect the bike.
>Both the tyres ended up in the groove/rut and are now flat. Because of the
>time of night I couldn't do an extensive assessment but I believe the front
>rim has buckled and I did hear a click as I came off bike so that has to be
>checked. I'm going to take photos of the bike and of the path.

Take photos of your injuries as well if visible, and maybe go to the GP
just to confirm them? You should be able to claim for them as well. (and
don't forget, sometimes what can start of a seeming a minor injury can
develop complications)

> My question
>is do I have any chance claiming compensation for this from the people who
>are meant to maintain the path and who would those people be?

You should be able to, in the same way as you can claim for potholes
causing damage on the roads.

The local Authority highways Department is likely to be the body
responsible, so I would contact them first.

If you are a member of the CTC, LCC or some such then they can probably
give further advice. And it has been asked here before, so a Google
would find other peoples experiences posted before.
--
Chris French, Leeds

[chris French]

In message >, Gadget
> writes
>I had a minor accident last night on my way home, involving me and a dodgy
>cycle path.

<snip>

>After dusting myself off, I inspect the bike.
>Both the tyres ended up in the groove/rut and are now flat. Because of the
>time of night I couldn't do an extensive assessment but I believe the front
>rim has buckled and I did hear a click as I came off bike so that has to be
>checked. I'm going to take photos of the bike and of the path.

Take photos of your injuries as well if visible, and maybe go to the GP
just to confirm them? You should be able to claim for them as well. (and
don't forget, sometimes what can start of a seeming a minor injury can
develop complications)

> My question
>is do I have any chance claiming compensation for this from the people who
>are meant to maintain the path and who would those people be?

You should be able to, in the same way as you can claim for potholes
causing damage on the roads.

The local Authority highways Department is likely to be the body
responsible, so I would contact them first.

If you are a member of the CTC, LCC or some such then they can probably
give further advice. And it has been asked here before, so a Google
would find other peoples experiences posted before.
--
Chris French, Leeds

[Gadget]

Is it too late to join the CTC or would the CTC see it as I need them so I
joined. I have planned to join, just keep forgetting to get round to it.

Gadget

[Gadget]

Is it too late to join the CTC or would the CTC see it as I need them so I
joined. I have planned to join, just keep forgetting to get round to it.

Gadget

[Peter Fox]

Following on from Gadget's message. . .
>I had a minor accident last night on my way home, involving me and a dodgy
>cycle path. I'm not sure how many know the A10 (AKA: The Great Cambridge
>Road). In between Bury Street and Lincoln Road there is a hill/bridge near a
>school. It was on this stretch that incident happened. As I was going up the
>hill toward Lincoln Road I had to skirt a few trees that the council had
>decided to put in the cycle path. The cycle path is shared with the
>pavement, so going around the trees put me on the pavement. After going
>around the tree I went to get back on the cycle path but there was an unseen
>gap between pavement and path just wide enough to accommodate my front tyre.
>(I had road slicks on the bike, so they were narrow tyres) My bike comes to

(1) Find out who the _Highway Authority_ is. Often this is the County
Council although the Town may be acting as agent. It is important to
get this right. Some parts of the A10 may be run by the Highways
Agency.

(2) To sue you will need _evidence_. Your word is good but photos help
a great deal and serve to remove a lot of doubt.

(3) Next you need to show the Highway Authority were negligent. They
will bluster but cave in at the last minute. If a designated track
throws off an experienced cyclist in the normal course of riding then
that IMHO is negligent providing it is poor maintenance and
construction' rather than a lump of wood that fell out of a tree.

(4) And you need to quantify your claim - All your losses including time
off work to see the quack. But you must keep your losses to a minimum
and can only claim for 'foreseeable' costs such as having the bike
repaired, substitute transport etc. Keep track of the time/letters you
spend on chasing compensation.

(5) Phone up the local paper. They like pics of 'angry and abused
victims' holding up bent arms and bikes. It is important to keep up a
steady stream of negative publicity where farcilities are concerned but
don't expect overnight results.

(6) School! Fax the head with a warning. The head may get onto the
council along the lines of "fix it today so my kids can ride safely"


BTW: Just because the crack looks small doesn't mean it is nothing to
worry about. You may like to ask whoever inspects these paths 'did they
realise this could happen'

If you get stalled - Name and shame here. Good luck

--
PETER FOX Not the same since the deckchair business folded
2 Tees Close, Witham, Essex.
Witham Cycling Campaign www.eminent.demon.co.uk/wcc.htm
East Anglian Pub cycle rides www.eminent.demon.co.uk/rides

[Peter Fox]

Following on from Gadget's message. . .
>I had a minor accident last night on my way home, involving me and a dodgy
>cycle path. I'm not sure how many know the A10 (AKA: The Great Cambridge
>Road). In between Bury Street and Lincoln Road there is a hill/bridge near a
>school. It was on this stretch that incident happened. As I was going up the
>hill toward Lincoln Road I had to skirt a few trees that the council had
>decided to put in the cycle path. The cycle path is shared with the
>pavement, so going around the trees put me on the pavement. After going
>around the tree I went to get back on the cycle path but there was an unseen
>gap between pavement and path just wide enough to accommodate my front tyre.
>(I had road slicks on the bike, so they were narrow tyres) My bike comes to

(1) Find out who the _Highway Authority_ is. Often this is the County
Council although the Town may be acting as agent. It is important to
get this right. Some parts of the A10 may be run by the Highways
Agency.

(2) To sue you will need _evidence_. Your word is good but photos help
a great deal and serve to remove a lot of doubt.

(3) Next you need to show the Highway Authority were negligent. They
will bluster but cave in at the last minute. If a designated track
throws off an experienced cyclist in the normal course of riding then
that IMHO is negligent providing it is poor maintenance and
construction' rather than a lump of wood that fell out of a tree.

(4) And you need to quantify your claim - All your losses including time
off work to see the quack. But you must keep your losses to a minimum
and can only claim for 'foreseeable' costs such as having the bike
repaired, substitute transport etc. Keep track of the time/letters you
spend on chasing compensation.

(5) Phone up the local paper. They like pics of 'angry and abused
victims' holding up bent arms and bikes. It is important to keep up a
steady stream of negative publicity where farcilities are concerned but
don't expect overnight results.

(6) School! Fax the head with a warning. The head may get onto the
council along the lines of "fix it today so my kids can ride safely"


BTW: Just because the crack looks small doesn't mean it is nothing to
worry about. You may like to ask whoever inspects these paths 'did they
realise this could happen'

If you get stalled - Name and shame here. Good luck

--
PETER FOX Not the same since the deckchair business folded
2 Tees Close, Witham, Essex.
Witham Cycling Campaign www.eminent.demon.co.uk/wcc.htm
East Anglian Pub cycle rides www.eminent.demon.co.uk/rides

[Matt]

"Gadget" > wrote in message
...
> I had a minor accident last night on my way home, involving me and a dodgy
> cycle path. I'm not sure how many know the A10 (AKA: The Great Cambridge
> Road). In between Bury Street and Lincoln Road there is a hill/bridge near
a
> school. It was on this stretch that incident happened. As I was going up
the
> hill toward Lincoln Road I had to skirt a few trees that the council had
> decided to put in the cycle path. The cycle path is shared with the
> pavement, so going around the trees put me on the pavement. After going
> around the tree I went to get back on the cycle path but there was an
unseen
> gap between pavement and path just wide enough to accommodate my front
tyre.
> (I had road slicks on the bike, so they were narrow tyres) My bike comes
to
> a sudden halt and I'm thrown from the bike, injuring my right wrist and
> right ankle. Nothing serious though, just a sprain. It could have been
> worse, if it weren't for the crash barrier I would have been thrown into
on
> coming traffic. This happened at 10:30 at night so the traffic weren't
heavy
> but there was the traffic. After dusting myself off, I inspect the bike.
> Both the tyres ended up in the groove/rut and are now flat. Because of the
> time of night I couldn't do an extensive assessment but I believe the
front
> rim has buckled and I did hear a click as I came off bike so that has to
be
> checked. I'm going to take photos of the bike and of the path. My question
> is do I have any chance claiming compensation for this from the people who
> are meant to maintain the path and who would those people be?
>
> Any help would be appreciated.
>
> Many Thanks
>
> Gadget
>
>


Sorry to hear about your misfortune.

Your success or otherwise in making a claim will depend upon the level of
competence of the highway authority (or it's contractor). If the highway
authority has a record of inspecting this particular length of track and did
not record any defects at the last inspection then the highway authority can
reject your claim. (assuming the inspection regime is reasonable). This
is the HA's statutory defence and is used to stop people deliberately
vandalising the highway and then making spurious claims. It has to be said
that a rural footpath / cycle path may only be inspected twice a year and
this would be accepted in court as reasonable.

Claims procedures vary from authority to authority but most HA's are now
much more on the ball following a rise in the number of claims and the
competence of those making the claims. Bear in mind they are protecting
public money in defending your claim. Having said that very few HA's will
try to defend the indefensible and I would expect most to pay a reasonable
claim promptly.

Don't attempt taking an HA to court unless you are very sure of your case.
The company I work for has dealt with a large number of claims against HA's
and have yet to see the HA's we work for lose one that has gone to court.

Let me know if you would like some more advice about the sort of evidence
you should attempt to gather prior to taking legal advice (unless you're
wealthy enough to not worry about the cost of legal advice!).

Matt

[Matt]

"Gadget" > wrote in message
...
> I had a minor accident last night on my way home, involving me and a dodgy
> cycle path. I'm not sure how many know the A10 (AKA: The Great Cambridge
> Road). In between Bury Street and Lincoln Road there is a hill/bridge near
a
> school. It was on this stretch that incident happened. As I was going up
the
> hill toward Lincoln Road I had to skirt a few trees that the council had
> decided to put in the cycle path. The cycle path is shared with the
> pavement, so going around the trees put me on the pavement. After going
> around the tree I went to get back on the cycle path but there was an
unseen
> gap between pavement and path just wide enough to accommodate my front
tyre.
> (I had road slicks on the bike, so they were narrow tyres) My bike comes
to
> a sudden halt and I'm thrown from the bike, injuring my right wrist and
> right ankle. Nothing serious though, just a sprain. It could have been
> worse, if it weren't for the crash barrier I would have been thrown into
on
> coming traffic. This happened at 10:30 at night so the traffic weren't
heavy
> but there was the traffic. After dusting myself off, I inspect the bike.
> Both the tyres ended up in the groove/rut and are now flat. Because of the
> time of night I couldn't do an extensive assessment but I believe the
front
> rim has buckled and I did hear a click as I came off bike so that has to
be
> checked. I'm going to take photos of the bike and of the path. My question
> is do I have any chance claiming compensation for this from the people who
> are meant to maintain the path and who would those people be?
>
> Any help would be appreciated.
>
> Many Thanks
>
> Gadget
>
>


Sorry to hear about your misfortune.

Your success or otherwise in making a claim will depend upon the level of
competence of the highway authority (or it's contractor). If the highway
authority has a record of inspecting this particular length of track and did
not record any defects at the last inspection then the highway authority can
reject your claim. (assuming the inspection regime is reasonable). This
is the HA's statutory defence and is used to stop people deliberately
vandalising the highway and then making spurious claims. It has to be said
that a rural footpath / cycle path may only be inspected twice a year and
this would be accepted in court as reasonable.

Claims procedures vary from authority to authority but most HA's are now
much more on the ball following a rise in the number of claims and the
competence of those making the claims. Bear in mind they are protecting
public money in defending your claim. Having said that very few HA's will
try to defend the indefensible and I would expect most to pay a reasonable
claim promptly.

Don't attempt taking an HA to court unless you are very sure of your case.
The company I work for has dealt with a large number of claims against HA's
and have yet to see the HA's we work for lose one that has gone to court.

Let me know if you would like some more advice about the sort of evidence
you should attempt to gather prior to taking legal advice (unless you're
wealthy enough to not worry about the cost of legal advice!).

Matt

[Ian Smith]

On Mon, 29 Sep 2003 19:20:32 +0100, Peter Fox > wrote:

> (2) To sue you will need _evidence_. Your word is good but photos help
> a great deal and serve to remove a lot of doubt.

And remarkably, poor maintenance that there is teh whisper of a hint
of a claim for compensation about gets repaired faster than poor
maintenance that is merely reported.

Take your photos before reporting it - my local highway authority, who
will leave merely reported potholes for months, got one that had
damaged my bike repaired within 6 hours of me telling them it had done
so. As it happened, I had photographed it on teh way to work on teh
day I telephoned them about it, and got my damaged wheel paid for by
the authority eventually.

regards, Ian SMith
--
|\ /| no .sig
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[Ian Smith]

On Mon, 29 Sep 2003 19:20:32 +0100, Peter Fox > wrote:

> (2) To sue you will need _evidence_. Your word is good but photos help
> a great deal and serve to remove a lot of doubt.

And remarkably, poor maintenance that there is teh whisper of a hint
of a claim for compensation about gets repaired faster than poor
maintenance that is merely reported.

Take your photos before reporting it - my local highway authority, who
will leave merely reported potholes for months, got one that had
damaged my bike repaired within 6 hours of me telling them it had done
so. As it happened, I had photographed it on teh way to work on teh
day I telephoned them about it, and got my damaged wheel paid for by
the authority eventually.

regards, Ian SMith
--
|\ /| no .sig
|o o|
|/ \|