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first proper ride, first proper accident

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rubber toe
Renault 5 Driver



Joined: 21 May 2009
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PostPosted: 16:39 - 14 Aug 2009    Post subject: first proper ride, first proper accident Reply with quote

Hi, I'll keep this as short as poss, yesterday I was riding down a public country lane when, before I could react, I ran straight into a "rope" that had been tied across the lane, luckily the rope snapped but had already thrown the bike off balance and I ended up on the deck, sore hip, knee, wrist and shoulder. My first thought when I realised what had happened was kids being f*****g stupid but it turned out that a farmer was about to take his cows in for milking and he ties this rope to stop them going the wrong way. There was no signs warning and nothing hanging from it so it could be seen, quarter inch thick twine being approached at about 25 / 30 mph just isnt visible soon enough. To cut to the chase, what do I do, insurance or ask him to pay for repairs, is this a criminal or civil case, the police say civil but its a public lane, if that rope had been any higher and not snapped it could have killed me. The bike has suffered obviously, mostly superficial but when the forks are facing forwards the wheel is pointing a little to the left and the handlebars are pointing a little more to the right than they were,I'm ok so I just want the bike put right. Sorry to go on and I've probably left out bits but I need peoples input, I'm about to ring insurance to let them know
Thanks
Rob
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MaybeGuy
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PostPosted: 16:42 - 14 Aug 2009    Post subject: Reply with quote

you ring the police, thats what.
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arry
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PostPosted: 16:43 - 14 Aug 2009    Post subject: Reply with quote

It's a civil matter.

I would go through the insurance route, mainly because although you may feel alright now - who knows whether you'll develop any soreness over next couple of days which may lay you up for a while, for example.

Leathers/Helmet etc will all most likely need replacing also?

You could also ask for some form of courtesy transportation if you're stuck without wheels.
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honda_arry
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PostPosted: 16:52 - 14 Aug 2009    Post subject: Reply with quote

Ouch.

I remember when I first done my CBT I was a bit nervous so thought stick to country lanes initially, soon realised they are the worst for bike riding! Narrow, constant fear of a car coming the other way around a blind corner, mud on road, pot holes Shocked much safer on the main roads. Very Happy
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Kennypa4
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PostPosted: 17:00 - 14 Aug 2009    Post subject: Reply with quote

Personally i would Get the Police Then see if he will pay for damage via insurance to bike. If not go see a lawyer and sue his butt in court . Thumbs Up
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ClaireBear
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PostPosted: 17:24 - 14 Aug 2009    Post subject: Reply with quote

Ooh not good. Are you sure there was no signs or anyone standing there giving orders eg to slow down? If so then the farmer is definitely in the wrong so speak to the farmer about repair, if no luck then it will have to be done through insurance.
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rubber toe
Renault 5 Driver



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PostPosted: 17:37 - 14 Aug 2009    Post subject: Reply with quote

Ive just finished talking to insurance and the wheels are in motion so to speak, I did get the police involved, they came but said it was civil, made sure we got each others details, gave me a ref number and then went basicaly.
My gloves are a little scuffed and there is a very small scratch on the helmet but they are not worth bothering about, I really wasnt going that fast. I am a new rider and at the moment only use the bike for "pleasure" so not too fussed about courtesy bike, spose it would be nice to try different bike but it doesnt matter.
Just spoken to farmers wife and turns out we kind of know each other through both families somewhere down the line so the conversation wasnt the blazing row I imagined, she did mention about doing it without insurance involvement but as I said the wheels are already turning. Sit back and wait now for some company called Teceris to ring about picking bike up. Hohum
Clairebear: def no signs or people were visible but you can bet that as soon as I'd left they put some up, not to warn other people but to cover themselves
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rubber toe
Renault 5 Driver



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PostPosted: 17:46 - 14 Aug 2009    Post subject: Reply with quote

Forgot to say, this has not put me off at all as I know it was nothing to do with my riding and was a fairly out of the ordinary...........or is it?
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Jeansy001
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PostPosted: 19:25 - 23 Aug 2009    Post subject: Reply with quote

you always gotta hayour wits about you in a lane, theres always some tit who tries to do a three point turn in the lane
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lozzypop1
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PostPosted: 23:30 - 23 Aug 2009    Post subject: Reply with quote

Highways Act 1980 section 162

It is an offence to stretch a rope or similar object across a public right of way. In some circumstances, a temporary rope or wire to restrain farm animals may be authorised across a public footpath (but no other class of right of way), provided that it is readily visible and can be easily and safely removed and replaced by path users.

Taken from: statutelaw.gov.uk

Quote:
Penalty for placing rope, etc. across highway.
A person who for any purpose places any rope, wire or other apparatus across a highway in such a manner as to be likely to cause danger to persons using the highway is, unless he proves that he had taken all necessary means to give adequate warning of the danger, guilty of an offence and liable to a fine not exceeding [F405 level 3 on the standard scale].


I'd be contacting the Chief Constable and asking why nothing was being done by the officers.
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Wise1
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PostPosted: 23:42 - 23 Aug 2009    Post subject: Reply with quote

^^ I agree, it's not a civil matter, it's criminal. Fair enough you did not suffer much damage however. What if the rope had been about neck height when it caught you? It could have crushed your windpipe or worse.
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chris-red
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PostPosted: 03:23 - 24 Aug 2009    Post subject: Reply with quote

lozzypop1 wrote:
Highways Act 1980 section 162

It is an offence to stretch a rope or similar object across a public right of way. In some circumstances, a temporary rope or wire to restrain farm animals may be authorised across a public footpath (but no other class of right of way), provided that it is readily visible and can be easily and safely removed and replaced by path users.

Taken from: statutelaw.gov.uk

Quote:
Penalty for placing rope, etc. across highway.
A person who for any purpose places any rope, wire or other apparatus across a highway in such a manner as to be likely to cause danger to persons using the highway is, unless he proves that he had taken all necessary means to give adequate warning of the danger, guilty of an offence and liable to a fine not exceeding [F405 level 3 on the standard scale].


I'd be contacting the Chief Constable and asking why nothing was being done by the officers.


Wrong logon Sickpup? Laughing
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Jeansy001
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PostPosted: 07:32 - 24 Aug 2009    Post subject: Reply with quote

should definately price up repairs to you bike, helmet ( no matter how little damage to the exterior of you lid it could have lost its protection !!! you must replace it ) leathrs and tell him its his fault and you will take him to court if he doesnt pay. go to another police station, show them the information just given about tying a rope across the highway and see if they agree with the other police station.
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lozzypop1
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PostPosted: 09:19 - 24 Aug 2009    Post subject: Reply with quote

chris-red wrote:


Wrong logon Sickpup? Laughing


Um, No? But I'll take it as a compliment! Razz

I'm not just a pretty face I'll have you know!! In fact - I even have proof it was really me!
(I had to ask Wisenerl who would be the person to complain to, I thought it would be the superintendant but he told me it should be the Chief Inspector! Can you tell I don't watch 'The Bill'? Razz )
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Wise1
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PostPosted: 09:55 - 24 Aug 2009    Post subject: Reply with quote

lozzypop1 wrote:

I'm not just a pretty face I'll have you know!! In fact - I even have proof it was really me!
(I had to ask Wisenerl who would be the person to complain to, I thought it would be the superintendant but he told me it should be the Chief Inspector! Can you tell I don't watch 'The Bill'? Razz )


No I never, I told you it was the Chief Constable Mr. Green
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lozzypop1
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PostPosted: 10:45 - 24 Aug 2009    Post subject: Reply with quote

Oopsie! And therein lies my proof! Laughing
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rubber toe
Renault 5 Driver



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PostPosted: 20:05 - 24 Aug 2009    Post subject: Reply with quote

well the bikes gone to the "approved repairers" I've yet to go back to the spot and see if any changes have been made in the way of visible warnings but if nothings been done or there is any kind of hassle whatsoever in regards to my claim then I will definitely take it further (still might anyway, one way or another)...... H.S.E and the press might be interested.
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Mark65
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PostPosted: 11:24 - 26 Aug 2009    Post subject: Reply with quote

Shit dude , dont let the lazy police off with there civil excuse, if you or i tied a rope across the street we would be done for it and the quote from the highway offence says may be authorised. he has put no warnings up and no markers on the rope itself, ask for the senior officer at the station and ask him why his officers seem to think its civil. there are no poor farmers so claim for new gear.

Mark
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lozzypop1
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PostPosted: 12:57 - 26 Aug 2009    Post subject: Reply with quote

Mark1965 wrote:
the quote from the highway offence says may be authorised.


It states it may across a PUBLIC FOOTPATH, but no other type of highway. It doesn't actually say anywhere that a rope across a road may be authorised.

With regards to fair warning, if you've ever seen a flashing orange beacon on top of ahttps://www.driving-test-success.com/uk-road-signs-warnings/cattle.gif sign, normally that would be one of the warnings farmers (around here at least) have been known to use.
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ajb
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PostPosted: 16:29 - 26 Aug 2009    Post subject: Reply with quote

Just to be clear, I assume by country lane you just mean a single track PUBLIC road and not a briddleway/footpath?

A rope across a highway would be an offence, and 'reasonable warning' would constitute signage etc. up the road in both directions.
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rubber toe
Renault 5 Driver



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PostPosted: 19:58 - 26 Aug 2009    Post subject: Reply with quote

Yea its a public highway, farmers/walkers/ horseriders and cyclists are the main users, not well used by road traffic but it is not private and not a bridleway or footpath, apparently its been adopted by the council, its called "Bacup Old Road" if you want to google earth it. I honestly think the gloves and helmet are ok, hardly anything to see on them and Ive already got the insurance on the case so is it possible to claim afterwards for the gear ?
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smegbrains
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PostPosted: 18:05 - 31 Aug 2009    Post subject: Reply with quote

I'd be banging on the police station door and demanding more action and an answer to why the police officers who attended have a complete lack of common sense.

There is no way that's a civil case, it could quite easily have killed you. As Lozzypop said it's in the Highway Code as well.

Don't even begin to think about letting them off easy with this, it's foolhardy in the extreme by the farmer.

I know that exact road and have ridden it myself a good few times, never had this issue but now you've said it I'll be crawling up there!
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Jeansy001
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PostPosted: 18:40 - 31 Aug 2009    Post subject: Reply with quote

rubber toe wrote:
Yea its a public highway, farmers/walkers/ horseriders and cyclists are the main users, not well used by road traffic but it is not private and not a bridleway or footpath, apparently its been adopted by the council, its called "Bacup Old Road" if you want to google earth it. I honestly think the gloves and helmet are ok, hardly anything to see on them and Ive already got the insurance on the case so is it possible to claim afterwards for the gear ?


If you have helmet and leather cover then you can claim to have those sorted aswell. If i were you i would replace my helmet regardless. you dont know if its broken or not internally.
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