Bailer twine across road to guide cows - I hit it !.. Advice pls

General cycling advice ( NOT technical ! )
Bonefishblues
Posts: 8485
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 27 Aug 2020, 9:42am

Graham wrote:It is a long-established practice in the rural areas here to use such minimal "aids" to guide the cows across a quiet country lane.

You must have been very unlucky to have cycled into one unseen, but bearing in mind the low-level of light at dawn these things can happen.

I doubt that I'd bother chasing money for repairs unless the degree of negligence was outrageous and the farmers response was unsympathetic or combative.

. . . but then I'd only need £300 to replace a whole bike.

PS. Your photos of the bent bike bits could be interesting . ???

We encountered same only last week in Cornwall.

TBH I'd take the money and move on, that extra £150 will be a world of pain, I suspect (or go back and say look, ... let's settle at £200, my kit being s/h and all that.)

greyingbeard
Posts: 851
Joined: 24 Mar 2015, 10:41pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby greyingbeard » 27 Aug 2020, 9:42am

Tell the police. See if they can be bothered to deal with endangering the public in this way.

slowster
Posts: 1728
Joined: 7 Jul 2017, 10:37am

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby slowster » 27 Aug 2020, 10:13am

Graham wrote:It is a long-established practice in the rural areas here to use such minimal "aids" to guide the cows across a quiet country lane.

Which is no defence whatsoever to a claim for injury or damage if such aids are dangerous or used improperly, i.e. without adequate visible warning that the road is blocked if it is dark and the road unlit. A prominent reflective warning sign in the road of the approved type ahead of the hazard would probably be adequate, as would stationing a farm worker in front of the closure or a tractor in the road with its warning lights flashing. A bit of plastic tied to the twine would never be considered adequate.
Last edited by slowster on 27 Aug 2020, 10:19am, edited 1 time in total.

Lox
Posts: 20
Joined: 26 Aug 2020, 8:59pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 27 Aug 2020, 10:19am

Wow cheers guys,

IMG_20200826_192438.jpg
Picture of twine


StreetView shows the orange twine on the side and fence
Image Attachments
Screenshot_20200827-101456.png
Street view

PDQ Mobile
Posts: 3869
Joined: 2 Aug 2015, 4:40pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby PDQ Mobile » 27 Aug 2020, 10:29am

slowster wrote:Which is no defence whatsoever to a claim for injury or damage if such aids are dangerous or used improperly, i.e. without adequate visible warning that the road is blocked if it is dark and the road unlit. A prominent reflective warning sign in the road of the approved type ahead of the hazard would probably be adequate, as would stationing a farm worker in front of the closure or a tractor in the road with its warning lights flashing. A bit of plastic tied to the twine would never be considered adequate.


Yes. Quite so.
Not adequate.

However it may be easier to settle for £200 instead of the litigation route.
And £200 out of pocket will insure a better warning signage in the future too!

Having said that pretty much all farmers are well insured!!
A neighbour of mine was was sued because his wife hurt her hand on a public road gate that didn't open easily, a dragging job.
Her husband was a solicitor(:shock:) and the gate was replaced soon afterwards!

Jamesh
Posts: 1560
Joined: 2 Jan 2017, 5:56pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Jamesh » 27 Aug 2020, 10:42am

A hi Viz vest at £5 would have been sufficient!

Lox
Posts: 20
Joined: 26 Aug 2020, 8:59pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 27 Aug 2020, 11:37am

The farmer asked me to bring the bill to his house and he will pay half so can't Evan bill him for my clothes as bike shop won't have clothes bill. Just repair/replace of brakes so my display from my ebike will always be damaged (scuffed) the grip will have a chunk out of the end. Plus he could just change his mind after I pay for the repairs.

Lox
Posts: 20
Joined: 26 Aug 2020, 8:59pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 27 Aug 2020, 11:58am

Screenshot_20200827-115641.png
You can see the twine he uses on Google maps street view

tim-b
Posts: 1655
Joined: 10 Oct 2009, 8:20am

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby tim-b » 27 Aug 2020, 12:01pm

Hi
Section 6 of the Road Traffic Act 1991 inserts section 22A , causing danger to road users. That'll be ideal for your situation
Regards
tim-b
~~~~¯\(ツ)/¯~~~~

Cowsham
Posts: 822
Joined: 4 Nov 2019, 1:33pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Cowsham » 27 Aug 2020, 12:39pm

Lox wrote:The farmer asked me to bring the bill to his house and he will pay half so can't Evan bill him for my clothes as bike shop won't have clothes bill. Just repair/replace of brakes so my display from my ebike will always be damaged (scuffed) the grip will have a chunk out of the end. Plus he could just change his mind after I pay for the repairs.


It's the cost to replace -- don't be soft !

Bonefishblues
Posts: 8485
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 27 Aug 2020, 12:53pm

Cowsham wrote:
Lox wrote:The farmer asked me to bring the bill to his house and he will pay half so can't Evan bill him for my clothes as bike shop won't have clothes bill. Just repair/replace of brakes so my display from my ebike will always be damaged (scuffed) the grip will have a chunk out of the end. Plus he could just change his mind after I pay for the repairs.


It's the cost to replace -- don't be soft !

New for old then, yes?

Bonefishblues
Posts: 8485
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 27 Aug 2020, 1:18pm

It could have been worse, of course:

https://www.cyclechat.net/threads/i-was ... at.266206/

One is sympathetic to his injuries of course, but the daft-soddery is significant here.

Lox
Posts: 20
Joined: 26 Aug 2020, 8:59pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 27 Aug 2020, 1:55pm

Ye not that bad injuries wise but he didn't end up in a pile of cow muck, mud and water ive ugot in touch with accident solicitors there happy to persue a no win no fee not what I wanted to do but feel I have no choice as they think it's acceptable practise and angered me by saying it was my fault for not seeing it

iandusud
Posts: 574
Joined: 26 Mar 2018, 1:35pm

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby iandusud » 27 Aug 2020, 2:00pm

Lox wrote:Ye not that bad injuries wise but he didn't end up in a pile of cow muck, mud and water ive ugot in touch with accident solicitors there happy to persue a no win no fee not what I wanted to do but feel I have no choice as they think it's acceptable practise and angered me by saying it was my fault for not seeing it


I think you are right to pursue this along these lines. You shouldn't accept half the cost of repairs for such a blatantly stupid act.

Bonefishblues
Posts: 8485
Joined: 7 Jul 2014, 9:45pm
Location: Near Bicester Oxon

Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 27 Aug 2020, 2:05pm

Lox wrote:Ye not that bad injuries wise but he didn't end up in a pile of cow muck, mud and water ive ugot in touch with accident solicitors there happy to persue a no win no fee not what I wanted to do but feel I have no choice as they think it's acceptable practise and angered me by saying it was my fault for not seeing it

Seriously?

Remember you can only claim for compensation for loss, and as you describe it it's not exactly claim-rich territory. Once you've paid the lawyers you'll be left with little.

If you're that outraged, then report it to the police as suggested, but don't conflate the two issues - compensation & 'righting the wrong'. Remember also that if he'd agreed to £300 you'd have walked away happy.

BTW, any decent lawyers on behalf of NFU Mutual (who most farmers will be with) will point to your contributory negligence (aka (partly) 'your fault' in the farmer's wife's terms) and you might find your damages reduced by say 50% here.

Stand back and decide what you want as an outcome, I suggest.

Edited to correct earlier haste.
Last edited by Bonefishblues on 27 Aug 2020, 3:46pm, edited 1 time in total.