Damaged Two wheels during road works. Liability?

[Bushi]

Hi.

Got to these road works in the dark.

All.singage for width restrictions covered by trees and traffic lights.

Then get put on the other side of road to go though restrictions.

No pole no anything to suggest there's a bloody big curb there. Apart from clearly the bloody big curb
Damaged two wheels. £200 ISH repair each.

Any liability from council here? Next steps?

Looking at the curb it's had a lot of victims.

[Tony1963]

Kerb

[Bushi]

Thanks Tony.

[Ham_and_Jam]

Bushi said:

Hi.

Any liability from council here? Next steps?

Without starting the obvious, you’ll only find out by putting in a claim.

Chances are they’ll reject it, they usually do.

[smokey mow]

I doubt there’s any liability.

Kerbs aren’t an unusual road feature and one is clearly visible on the left so I’d expect there to also be one on the other side of the road whether visible or hidden in the grass verge.

[CoolHands]

Was it this bit sticking out you hit?

[No ideas for a name]

smokey mow said:

I doubt there’s any liability.

Kerbs aren’t an unusual road feature and one is clearly visible on the left so I’d expect there to also be one on the other side of the road whether visible or hidden in the grass verge.

I am assuming you have missed the one that the OP hit!
It appears that he hit the ped refuge with his near side.
If this is the case - it does appear that the markings are a bit questionable. I would expect a lead in/out with the dotted white line. Obviously, as installed, you wouldn't normally be aproaching that way (and there is indeed a lead in on what would normally be the off side of the vehicle.

Council's default position will be to deny responsibility.
I bet that if you report it, they will modify the cones, which might give the game away as to what they really think.

ETA: The width restriction signs are also hidden. They can't claim they didn't know, as someone has only just been there and set out the temporary works.

Edited by No ideas for a name on Saturday 31st August 15:53

[Bushi]

CoolHands said:

Was it this bit sticking out you hit?

It was. Looks like it's hit a lot of others.

Looking here:

https://www.gov.uk/government/publications/traffic...

The road is clearly non compliant for signage and markings.

Have found the email for claims and put something in writing.

Should be an easy small claims if not.

[CoolHands]

Looks pretty dangerous to me. If a motorcyclist hit it, could be severe outcome. Nice to see the thicko road workers couldn’t care less.

[irc]

FFS how hard would it have been to have that hazard inside their cones rather than outside?

I agree claim and then small claims if they won't pay out.

[Sebring440]

CoolHands said:

Looks pretty dangerous to me. If a motorcyclist hit it, could be severe outcome.

Exactly this. That is horrendous, and there is certainly negligence there. Indeed it doesn't bear thinking about. (Blue arrow below.) And indeed, even if this stray bit of kerbing (where did it come from, and why is it there?), wasn't there, where the (safety) cones are, a vehicle's nearside wheel could easily catch the hole!

But I'm intrigued by the photo.

I don't understand how the painted centre road stripes veer over to the left to miss the hole that's been dug up. (Yellow arrows.) If that's the original road markings, how could a vehicle (other than a motorcycle) get through there? (Yellow vertical bars.)

Then the markings re-appear way over to the right (after the hole) only to veer to the centre of the road again. What's going on there?

Red ellipse: What's that mark on the road exactly?

And why do the traffic cones have no shadows?

[irc]

No shadows on overcast day

Road layout appears to have been large island with white lanes directing cars towards to near side.

Possibly traffic calming scheme?

[98elise]

Sebring440 said:

CoolHands said:

Looks pretty dangerous to me. If a motorcyclist hit it, could be severe outcome.

Exactly this. That is horrendous, and there is certainly negligence there. Indeed it doesn't bear thinking about. (Blue arrow below.) And indeed, even if this stray bit of kerbing (where did it come from, and why is it there?), wasn't there, where the (safety) cones are, a vehicle's nearside wheel could easily catch the hole!

But I'm intrigued by the photo.

I don't understand how the painted centre road stripes veer over to the left to miss the hole that's been dug up. (Yellow arrows.) If that's the original road markings, how could a vehicle (other than a motorcycle) get through there? (Yellow vertical bars.)

Then the markings re-appear way over to the right (after the hole) only to veer to the centre of the road again. What's going on there?

Red ellipse: What's that mark on the road exactly?

And why do the traffic cones have no shadows?

It's a width restricted road

The red ellipse is a manhole

There are no shadows as its a cloudy day.

[essayer]

It’s a width restriction with most of its signage removed. The white line would lead into the left side of the island


If that’s still like that I’d report it on FixMyStreet then ring it through as an emergency- when they go and fix it take another few photos to help your claim

Edited by essayer on Saturday 31st August 17:12

[Forester1965]

For me it's obviously negligent on behalf of whoever's done the roadworks. Whether an insurer or court would see it that way is the important question, though.

[E-bmw]

Sebring440 said:

But I'm intrigued by the photo.

I don't understand how the painted centre road stripes veer over to the left to miss the hole that's been dug up. (Yellow arrows.) If that's the original road markings, how could a vehicle (other than a motorcycle) get through there? (Yellow vertical bars.)

It is not hard, you are on the wrong side of the road, so the white lines (when on the correct side of the road are directing you round the centre island.

Sebring440 said:

Then the markings re-appear way over to the right (after the hole) only to veer to the centre of the road again. What's going on there?

As above, imagine it coming the other (correct/normal way)

Sebring440 said:

Red ellipse: What's that mark on the road exactly?

Another simple one, it is a triangular manhole cover, they are all over the roads of the UK, you probably drive over/past at least 10 every mile of the road network.

Sebring440 said:

And why do the traffic cones have no shadows?

Oh, now what on earth could cause that?........... Er the cloud pictured in the sky!

[Mammasaid]

It looks as if they've tried to maintain an unobstructed width through the works of 2.5m, as per the Red Book (pg53).

https://assets.publishing.service.gov.uk/media/5a7...

And failed...

[smokey mow]

No ideas for a name said:

smokey mow said:

I doubt there’s any liability.

Kerbs aren’t an unusual road feature and one is clearly visible on the left so I’d expect there to also be one on the other side of the road whether visible or hidden in the grass verge.

I am assuming you have missed the one that the OP hit!
It appears that he hit the ped refuge with his near side.
If this is the case - it does appear that the markings are a bit questionable. I would expect a lead in/out with the dotted white line. Obviously, as installed, you wouldn't normally be aproaching that way (and there is indeed a lead in on what would normally be the off side of the vehicle.
[/footnote]

Sorry yes, I didn’t click for the higher definition photo and assumed it was the kerb on the offsite partially hidden in the verge.

[Simpo Two]

irc said:

FFS how hard would it have been to have that hazard inside their cones rather than outside?

That's the glaring omission IMHO.

Yes you're supposed to look where you're going, but if I put a lump of kerbstone in the road and a car hit it, who'd be responsible? Me, for leaving a hazard in the road.

[Quattromaster]

Sorry OP, but whoever’s quoted you £200 each to repair is pulling ya pants down.

£80-100 plus vat each.

I’m a wheel refurbisher of 25 yrs, and get asked pretty much everyday to issue a quote to someone who has hit a pothole, of kerb, they come back a few weeks later for me to do the job , I can’t remember the last time one of them actually got paid out.