Cycling UK Forum

Hello ...

Single person traffic incident, I have just reported to the police, it was quite a faff... I was riding on a cycle pathway, next to a dual carriage way. I crashed out into to a storm drain... approx 2 to 3 ft from a busy dual carriage way.

Why ? The cyclepath I was on, became very narrow and dangerous due to a number of factors;

1. A thick, tall (2mtrs plus), sinewy, bushy, vegatation, on the LHS of the pathway was growing across, causing an obstruction, ie narrowing the path by, say 75pc
2. To the RHS of the pathway was a crash barrier just coming to an end and dropping off into the pathway at approx 45 degrees
3. A lot of gravel was on the pathway close to a crash barrier
4. There was uneven ground on the pathway by the barrier, a combination of gravel, soil and clumps of grass
5. There was a small bush (spikey) growing close to the barrier
6. The true ending of the crash barrier, where is vaninished into the pathway (RHS), was obscured by; gravel, grass and soil
The build angle of the crash barrier narrowed the pathway from a straight line.
7. I was thrown into a storm drain and went down with a bang, a combination of the surfaces, and vegatation.
8. I landed, in a storm drain, around 2 to 3 feet from a busy dual carriage way. There was no barrier, between me and cars travelling at 60 to 70mph... I almost found religion.

I'm pretty sure I lost control of the front wheel, from a combo of, gravel and the uneven clumps of grass and soil.

What puzzles me; should the police be involved, are they likely to be proactive ? The vegetation needs to be cut back, the gravel, grass, soil needs to be removed and so levelling the pathway. The design of the crash barrier and where it ends should also be reviewed.
I believe the responsibility sits with the Highways Dept, but do the police have the authority to instruct a Highways Dept to look at the pathway; surfaces, obstructions, the narrowing of the pathway by the crash barrier, or is this all the soul responsibility of the local Highways Dept. Do the police have the clout ?

Thanks for your help...thoughts .
BB

Have you identified the relevant highway authority?

I wouldn't expect the police to take action.

Do you belong to a local or national cycling group? And if not would you like help in finding one?

Jonathan

Hi Johnathan .... I believe it's Essex Highways (Essex County Council). I wanted to get a police report number first, so everything is square with them, as I mentioned earlier I was curious about where the authority lies.
What puzzled me was if it's a criminal offence, then the police should know, i'm trying to cover all angles.

I am no longer a member of any nat cycling group.

Some guidance I would really appeciate, I've a strange feeling Essex Highways is where I'm going to meet the most resistance, my plan is to submit my paperwork to them tomorrow. The choice of no win, no fee solicitors I found to be mind boggling... I was on the point of throwing the dice.

Do you know if there is a way of attaching an image to a message, it would then give you, and others, a better idea of what I have been trying to describe....

BB

The Highway Authority has a statutory duty to maintain the highway (including footways and cycletrcks) in a safe condition. However the law recognises that to keep the roads permanently perfect is impossible. As such the duty of care is for "regular inspection" and repair of discovered or reported faults. Neither the regularity of inspection nor what constitutes a significant defect is set out in law.

Clearing vegetation that is encroaching on the highway is primarily the responsibility of whoever owns the land from which it is growing.

If you pursue any claim for damages the Highway Authority's starting point will most likely be a "Section 58 Defence" based on those principles. If that defence fails they will fall back on the Highway Code "... Make sure you can stop within the distance you can see to be clear ..." and the general principle that road users must "take the road as they find it", i.e. If you can see hazards ahead slow down and be prepared to stop. I was once quoted that around 85% of claims against a higway authority for damages resulting from a lack of maintenance are unsuccessful.

Most Hghway Authorities have online tools to report faults, whereby you could highlight the need for a cutback of the vegetation and a sweep/removal of gravel and other materials. You can look to challenge the arrangement of the crash barriers but that's complex and without a significant number of collisions it's unlikely to result in action.

bartlebobton wrote: ↑28 Jun 2023, 7:37pmDo you know if there is a way of attaching an image to a message, it would then give you, and others, a better idea of what I have been trying to describe...

You can upload images using the attachments tab below the text box where you compose your post. You can also add links to streetview if it covers the area.

I hope that you and your cycle are relatively unscathed.

I used to cycle to work and a part of that journey was on an A-road with a solid white line about a foot or so from the curb. On a bend a bush/tree slowly grew outwards, forcing me increasingly to have to move into the main carriageway to get past it. I assumed it would be cut back when they trimmed the hedgerows but no. So one day I took my loppers to work and, on the way, cut back the branches myself.

I see that the branches havent yet grown back to where they were but the warning road sign is now hidden.

Hi Gaz... A big thanks for your reply. This is where I am today.

Since my earlier posts I've discovered The Highways Agency (THA) are responsible for the bicycle/pedestrian path which runs parallel to the A12. Generally I've found the pathway really helpful, it's free of cars and a good route one... from Witham/Kelvedon...to Marks Tey, it's not picturesque though.

I spoke several times to THA, firstly, to report the condition of pathway, It'd be fair to say collectively their staff have a positive outlook. The impression was, they took my complaint seriously and wanted to do something about it. Sure enough they cleared the area I reported in 2 days. I didn't receive any report/email from THA to say they had cleared the area I reported. It's worth noting at this point I hadn't sent any images. It was also suggested I complete a "red" claim, based on what I told them about the accident.

Completing the "Claims Form" is a bit laborious, it's car based, but it gave me the opportunity to upload the set of photos I took and explain how I found myself in a storm drain. I listed the damage to my bike, clothes and personal injury. Interestingly, some of the fingers on both my left hand and right are still painful, soft tissue damage. I used to play basketball at school and into my early 20s, the pain is quite similar to having your fingers bent back by not catching a ball correctly. I loved the game.
I received a reply from THA 2 or 3 days after completing the claims form. It simply stated they would respond to my claim within 90 days. That's where I am today, waiting for their response. It will be interesting to see what the next steps are; how they respond; play everything with a dead bat, or make some kind offer.
I have attached some images of the crash site, which should make my description less abstract. I'm unsure of all the damage to my bike, I'd like to have the frame scanned (it's carbon) to see there are any hairline cracks, alignment and so on. The bike seems to handle differently at speed. The bike is a Trek Emonda SLR 6 with Mavic carbon wheels. I’m currently using my winter bike.

Thanks for the update.

Jonathan

Hi Jonathan.... I'll keep you updated as things progress.... I'll chase them up at the end of the month, and ask for an update. BB

bartlebobton wrote: ↑25 Jul 2023, 12:15pm Since my earlier posts I've discovered The Highways Agency (THA) are responsible for the bicycle/pedestrian path which runs parallel to the A12.

I believe the Highways Agency was renamed to Highways England and then National Highways, which is its current name.

The same points gaz made still apply to NH the same as any county council: unless they are feeling very generous, you will need to show that they were aware of the fault and took longer than they should to repair it. I've not checked the NH Asset Management Plan, but I'd expect a serious hazard like that to be repaired within 48 hours of reporting.

The best thing would be if you had reported it to them previously and noted the time and reference number of their reply.

Second-best is to find someone had used a website/app like Cycling UK's Fill That Hole or FixMyStreet to report it, where the reports are shown in public. Some authorities try to deny that they accept such reports, but the sites still send them and councils generally don't have any legal right to ignore detailed hazard reports based on how they're made (as long as it's reasonable: they'd probably be allowed to ignore a papyrus scroll of emojis attached to a pigeon put through the town hall letterbox).

A last resort would be to find or send a Freedom of Information (FoI) request for the faults reported in that area over the last six months and to see if that's among them. It may be good to use www.WhatDoTheyKnow.com to do that.

Failing that, you'd need some evidence that the fault existed before their last routine check, which means you'd need to check their plan for how often they carry out routine checks. I suspect NH might check a road like the A12 weekly, but their management plan should say. Failing to spot a serious hazard in a routine check would make them liable.

I received a reply from THA 2 or 3 days after completing the claims form. It simply stated they would respond to my claim within 90 days. That's where I am today, waiting for their response. It will be interesting to see what the next steps are; how they respond; play everything with a dead bat, or make some kind offer.

Based on my experience with county councils, I am almost certain they will wait until the last week and reject your initial claim by arguing that the hazard must have appeared after their last routine inspection and no-one had made them aware of it (which is the usual defence gaz mentioned). So prepare yourself to disprove that as above, if you can. Better to collect info now, in case it gets routinely or accidentally deleted, plus asking relevant questions might also set off some alarm bells in National Highways that you might know what you're doing!

bartlebobton wrote: ↑25 Jul 2023, 12:15pm Hi Gaz... A big thanks for your reply. This is where I am today.

You're welcome. Looks like either you found your own way to the National Highways reporting site or they have added their own report based on your contact with them.

As mjr says check that site, fixmystreet and others for earlier reports at the same location. Anything smiilar in reasonable proximity on the A12, or the same location in years gone by, may also be helpful in establishing that their routine checks are not sufficiently frequent. Encroachment of vegetation is a predictable annual event.

As a minimum keep a diary of how your injuries feel and heal, add accompanying photographs. A medical report (GP visit for assessment) is the best possible record. Keep records of costs incurred for public transport/taxis for journeys you might otherwise have cycled. Obtain estimates for the repair of your cycle and receipts for replacement of damaged clothing, photograph any damage. Loss of earnings if appropriate.

The odds are probably stacked against you. Expect the worst and you can only by pleasantly surprised should you receive an offer.

Good luck.

Hello again, Ladies and Gents.

A bit of an update, nothing too exciting.

As one of two suggested, Highways England are likely to drag this out, I'm approaching day 60 and heard nothing yet.

In the meantime, I have put in a FOI as suggested....for all correspondence between myself and Highways England;
to include, voice records, inhouse messaging. images, emails, forms with free text/data fields submitted via their website.

I've also requested the records of their maintenance days, plus the specific tasks performed for;
May, June, July and Aug 2023 for the A12 cyclepathway, between Witham and Kelvedon.

I decided against getting a full medical report until I hear from HE, plus it's a proper pain getting a Doctors appointment where I am, but that's another topic.. Fingers on both hands seem to be taking a lot longer to heal than I expected, pain still around the joints.

I've a feeling, because this is taking so long, the Small Claims Court is the route I'll end up taking.

Hopefully my next update will be bit more interesting ...

Thanks again everyone .... BB

I'd recommend restricting yourself to gathering and preserving evidence eg the state of the highway at the location, your injuries and things like the extent of damage to your bike and togs.

AFAIK, To succeed in a claim, you need to prove both that your losses were caused by the negligence of the relevant highway authority and that they cannot rely on the special defence set out in section 58 Highways Act 1980

https://www.legislation.gov.uk/ukpga/1980/66/section/58

I fear that if you continue on your present course, you will not get far. You need legal advice from a lawyer with the relevant expertise. Unless you are entitled to some form of legal cover eg from membership of a cycling organisation or trade union, I believe you will have to deal with the measures introduced by George Osborne following lobbying by the insurance companies to deal with allegedly fraudulent personal injury claims

(And I'm at a loss to understand how this is in the "Too good to lose" section)

bartlebobton wrote: ↑21 Aug 2023, 3:44pmI decided against getting a full medical report until I hear from HE, plus it's a proper pain getting a Doctors appointment where I am, but that's another topic.. Fingers on both hands seem to be taking a lot longer to heal than I expected, pain still around the joints.
...

Your GP might not be the appropriate person to write a medical report. I'd check that with the practice asap.

bartlebobton wrote: ↑21 Aug 2023, 3:44pm ...
I've a feeling, because this is taking so long, the Small Claims Court is the route I'll end up taking.
...

In England that's the small claims process of the County Court. Are you familiar with the process and the requirements?

Jonathan

Hi Johnathan ...

Thanks for writing back.

I'll walk over to my surgery later this afternoon and see what they suggest, thanks for the heads up on that one.

I've used the Small Claims Court once, about 25 years ago, so remember very little about it. I supported a friend around 4 years ago; lesson learnt; know what your talking about and have hard evidence on hand. I'm not daunted about opening a case via the Small Claims Court, I would like to think HE would settle before going to any hearing, time will tell.

Interesting that you can estimate your claim.
https://www.gov.uk/make-court-claim-for ... court-fees

BB

Hello Thirdcrank.....

Thank you for the link, that's very helpful.

I've got a lot of photographic evidence of all my injuries, damage to clothes and bike, all date and time stamped, plus the exact location of the crash, thanks to Google pin. I have copies of all my correspondece with HE. Using FOI, you never quite know what may, or may not, be thrown up.

"cannot rely on the special defence set out in section 58 Highways Act 1980 " As suggested I'll do my homework, to give myself a better understanding of sec 58 and the arguments around it.

My present course is really dictated to by HE, it's really their move now, at present I have no control over them.

BB