Advice - Accident with unlit traffic island

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[Ste]

Go on OP, let's have a link to the Google Maps Streetview so we can properly see what's being talked about.

[1198]

And also an update on the conversation with legal types please!

[iooi]

Also why was the OP that far out from the kerb?

You can clearly see a footpath on the left side of the picture.
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Just because my bike was A DIVVY, does not mean i am......

[Jmoan]

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[T.C]

I have dealt with a few identical to this.

In order to be able to make a claim, the first thing you have to find out if possible is when the bollards were damaged and thn whe it was reported to the council.

Under the Highways Act, the council (or Highways Authority) have a duty of care to ensure that the road is inspected on a regular period and maintained to a satisfactory standard.

If the council were advised some days previously that the bollards were damaged/defective, then you may have a claim as the council failed to carry out its duty of care to repair in a "Reasonable" time and reasonable time is subjective.

A few hours post notification would not hold water, several days might, it would depend on what the inspection records show, but the courts have deemed it unreasonable to spend 24 hours of every day patrolling looking for damage, hence it would depend on the delay between been being notified and them repairing if that is the case.

That said, if you make a claim, be prepared to take a hit on contributoy negligence as the defence will want to know what you were doing so far out in the first place.

There is one thing being in the dominant position, but in the centre of hatchings? I have seen these cases go 50/50 split liability on more than one occasion.

Also bear in mind that if you were not injured, or your injuries are minor, you will not be able to get legal representation unless you pay for it yourself.

In damage only cases, the value of the claim has to be over £5,000 in order to clai back legal costs.

At the moment, injury cases ave to be worth at least £1,000 (this is also changing to £5,000 in the new year) in order to be able to get legal representation.

Your insurers might foot the bill if you have legal expenses insurance, but they tend to apply the same rules as the rest of the legal community, and of course if you take a hit on contrib, then that reduces the value of the claim anyway.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[Nobby the Bastard]

Why were you riding along hatching in the dark unless you could see clearly that the road was clear?

I will accept on full beam with nothing coming the other way and I knew the road (apart from the fact you clearly didn't ) as potential answers .

Everything else was being foolhardy.
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trevor saxe-coburg-gotha:"Remember this simple rule - scooters are for men who like to feel the breeze on their huge, flapping cunt lips."
Sprint ST 1050

[Ste]

Everything will be clear if / when the OP posts a link to the offending traffic island on Google Maps.

As five other vehicles managed to crash into the same traffic island whilst they were waiting for recovery then it might be that no blame lies with the OP and it really was just the fault of the local council / Highways Authority.

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[SantiV]

[SantiV]

I will post google maps link and plenty of pictures/videos once this is underway!

I will not be sharing this for the time being, as it is not yet proccessed.

I will keep you all updated, whatever the outcome.

Thanks for all the helpful peeps on here.
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Hmmmm...

[Ste]

Can you post a link to the traffic island on Google Maps?

[yen_powell]

[iooi]

[Ste]

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[SantiV]

[SantiV]

[Polarbear]

[Sister Sledge]

I'm still puzzled as to why the island is there? As Ste says - a link on StreetView would be helpful.
I'm almost certain that there would/will be actual roadside signs warning of such an island being there? I can see a sign in your initial photo but without a StreetView link cannot read it.
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CCM 404 DS

[Freddyfruitba...]

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[Nobby the Bastard]

[T.C]