Advice - Accident with unlit traffic island

[SantiV]

Hello guys,
Long story short, I had an accident recently with a completely unlit traffic island. Both light bollards/beacons were missing from the island, very difficult to see them at night as it is completely unmarked and nothing to warn drivers it is there.
I clipped the side and bike went flying. Broken alloy, bent handlebars and damage to engine (full damage still being assessed by garage)

While waiting for recovery, 5 (yes 5!) other vehicles incluiding a scooter collided with the same traffic island resulting in blown tyres and damaged alloys. I have all their details.

I believe the council is responsible and they should be made to pay for the damage to all vehicles, as its their duty to maintain their roads.
it is pure negligence and downright dangerous.

Thankfully I am in once piece and was lucky enough not to go on the opposite lane towards oncoming traffic.
Very sore and bruised, and pain on lower back but I can recover from this.

I am basically looking for advice on what to do.
Do I need a solicitor?
Do I tackle this directly (with the other drivers) with the council?

I am a bit stuck on how to take this on, never had an accident before.

Thanks,
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Hmmmm...

[Ste]

Link to the offending traffic island on Google Maps?

[The Artist]

I suspect it will be much like potholes in that this is not America and you can't sue everyone every time your poor obs gets you into trouble.

Unless it was reported and ignored by the council, then you are probably SOOL.

Surprised after the 3rd incident, the 4th driver didn't see a queue of broken vehicles sitting by the side of the road.

[SantiV]

Here is an image of the traffic island.
Google maps date is April this year, but now both bollards are completely missing.
There hatched lines across the middle are now so faint you cannot see them anymore on a wet road, looks like a second lane.
This used to be a 3 lane road before, reduced to 2 lanes.
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Hmmmm...

[SantiV]

[Ste]

What was wrong with your headlights?

[MarJay]

[Pete.]

This island, was it in the middle of the lane or what?
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[SantiV]

[SantiV]

[BTTD]

[Freddyfruitba...]

I had a very similar experience a few years ago; fortunately driving a car rather than a bike, and trashed a wheel. While I was by the side of the road, three more vehicles hit it; the last one pretty much ripped out the bottom of her car; petrol everywhere; Fire Brigade and police then attended.

I wrote to the council highways dept about it and was told to fuck off; as my actual loss amounted to a £20 replacement wheel off ebay I rolled over. Would certainly have pursued it if I'd been in the final vehicle though.
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KC100->CB100N->CB250RS--------->DL650AL2->R1200RS->R1250RS

[ThunderGuts]

If the council aren't aware of the issue they can't reasonably be expected to deal with it. It's not in the running lane, so I assume you were overtaking at the time? If you've been past it with missing bollards previously, there could be reasonable justification for saying you had the opportunity to report it and were aware of the defective nature, but didn't. It would also stack against you that you were familiar with the piece of road potentially.

I'm not saying it's not dangerous, but unless the Council have been made aware of it (either by being told or via inspection) then they can't realistically be expected to deal with it and simultaneously this forms a (solid) defence on their part.
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TG.

[WD Forte]

Well having that island there with no bollards looks bloody dangerous to me
I did a quick bit of photo butchery to get an idea of what you might see ( or not)
at night.

https://imgur.com/YS5dm97.jpg

Never mind the sneering about poor obs,shouldn't be crossing the lines etc, leaving an unlit obstacle in the middle
of the road is wilful neglect IMO.
How many people will expect to find a 4" step on a dark and stormy night?
I can well understand how many folk could clip that.

Dunno how you stand legally, that's something for the legal types.
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bikers smell of wee

[SantiV]

[SantiV]

[WD Forte]

Sue the feckers!

A quick Google for 'unlit traffic islands'
gave this

Lighting:
The Traffic Calming Regulations 1993 require an island to be clearly visible
to approaching vehicles at all times

From the 1993 regs:
Placing of Traffic Signs

8.—(1) Where a build-out, chicane, island, pinch-point, rumble device or any combination of such works is constructed or maintained in a highway, the highway authority for that highway shall place and maintain traffic signs in such positions as the authority may consider requisite for the purpose of providing adequate warning of the presence of such traffic calming works, unless those traffic calming works are so constructed as themselves to provide adequate visual warning for persons using that highway.

and this among others which shows it's not unusual

https://www.examinerlive.co.uk/news/west-yorkshire-news/road-safety-measures-actually-horror-15794942
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bikers smell of wee

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[The Shaggy D.A.]

You'd've thought that they'd paint the kerb stone of those islands with the same reflective paint used for the white lines.
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Chances are quite high you are not in my Monkeysphere, and I don't care about you. Don't take it personally.
Currently : Royal Enfield 350 Meteor
Previously : CB100N > CB250RS > XJ900F > GT550 > GPZ750R/1000RX > AJS M16 > R100RT > Bullet 500 > CB500 > LS650P > Bullet Electra X & YBR125 > Bullet 350 "Superstar" & YBR125 Custom > Royal Enfield Classic 500 Despatch Limited Edition (28 of 200) & CB Two-Fifty Nighthawk > ER5

[SantiV]

[SantiV]

[Amber Phoenix]

Did something similar in a car earlier in year. It was raining, but daylight and island had bollards on it. I momentarily looked down to fiddle with heater as car was steaming up, ever so slightly veered to right and just clipped the kerb and blew a tyre.

Yeah, total dumb ass, bad obs move, with no real excuse.

Car is an LPG one with no spare wheel, cans of gunk were no use on a shredded tyre. So I ring RAC to recover me.
This is where the moral of the story is... I stupidly mentioned on phone I had punctured my tyre after hitting a kerb. I had stupidly said the magic keyword 'hit'. As such, this was no longer a breakdown recovery, this was a road traffic accident and not covered by my policy - that'll be a £180 call out charge and £3 / a mile to relay... FFS!

So careful what you say when you ring for recovery. I probably could have just mentioned the tyre had blown out unexpectedly for no apparent reason and just blagged it.

Either way, good luck with pursuing a claim. White Dalton are certainly known as one of the best motorcycle solicitors - I'm sure they'll sort you out.
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Beginner Biker Adventures Blog
Yamaha FZ6 S2 2007

[Polarbear]

It's not a solid white line with hatching in so there is no reason not to enter that area.

That to me is incredibly dangerous. Imagine at night you do an overtake and hit it, car or bike.

I would be there with a camera, pictures night and day before they get a chance to stick some white paint or bollards on, just in case they try and blag their way out of it.

Actually, why is it there? Traffic calming or what?

Anyway, get legal advice.
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Triumph Trophy Launch Edition

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