How do I make a claim against the council for road condition

[NutsyUk]

So I just got back home from my 150 mile trip... A couple of miles away from my place I hit an unavoidable patch of mud on the road. The bike instantly went out from under me. And I went down hard...

Im mostly ok. A little road rash and a rather brushed leg, As it twisted under the bike, could have been A LOT worse.

But I have damages I feel the council should pay for as I've been complaining about the roads in this area for years. From tons of loose gravel pot holes and compacted mud everywhere.

They never seem to do anything about it. And now that has caused me to come off...

My helmet is fucked needs replacing. My biker jacket and trousers are damaged (scuffs and rips) my fairing is VERY damaged, and indicators broken.

All in all if I'm to repair and replace the broken stuff I'm looking at several hundred quid, if I do everything on the cheap.

So whats the correct way to go after the council? I know they have a duty to keep the roads in a safe to use state. But theyve been neglecting it badly here for years. So I must do something.
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Yamaha FZ8/Fazer800 (split headlight one) 2014, gingerly getting used to the massive increase in HP and not killing myself in the process! That was easy to get used to.
Kawasaki ER6F 2007 650 Gonna sell as a project bike!
Lexmoto XTR S 125 Sold!

[Ste]

Poor obs.

[mentalboy]

Country mud or city mud?
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Make mine a Corona.

[NutsyUk]

[mentalboy]

I had hoped that would prompt the type of road/area. Are we talking the middle of Bury St Edmunds, a small village like one of the Fornhams, a single track road leading to three farms?
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Make mine a Corona.

[Kawasaki Jimbo]

Most local councils have a ‘report a pothole’ web page. I’ve reported a gravel-strewn roundabout which took me down, I’ve reported potholes and low friction surfaces, they were all ‘closed’ almost immediately and no action was taken.

[adam277]

Hard to prove not worth the hassle.
And even if you do prove it. It's The countryside it's too be expected.


But if you do take it court some of the burden of proof will be on you to prove that the mud is very old. They will have inspection record of the road.
Then even if you do prove it a judge may well just side with the council as it's a xoiuhtr road and mud is too be excepted.

Maybe if there is a building site or a farm nearby you could prove it was them that causes it as they have a duty to clean their tyres before the go on the road.
It's just not worth the hassle.
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Bikes: Previous Bikes: Piaggio x8 125: 2012/2013, YBR 125: 2013/2013 BMW R1150GS 2013/2017, Honda CBR600RR 2017/2017, Honda CB500 2018/2018, Suzuiki Address 110cc 2019/2020, BMW R1200GS 2021-2023
Current Bike: Honda CBF 125: current

[NutsyUk]

I tallied up all the costs to replace everything damaged.... It comes nearly to 1000 quid... Its worth it.
____________________
Yamaha FZ8/Fazer800 (split headlight one) 2014, gingerly getting used to the massive increase in HP and not killing myself in the process! That was easy to get used to.
Kawasaki ER6F 2007 650 Gonna sell as a project bike!
Lexmoto XTR S 125 Sold!

[Kawasaki Jimbo]

Mud on the road won’t be the council’s or Highways’ fault.

[NutsyUk]

[mentalboy]

[Fat Angry Scotsman]

So you know the road is almost perpetually muddy yet didn’t ride to the conditions of the road? You’ve already torpedoed your own argument mate.

I’ve been to Sheriff Court for civil and criminal trials and I know you have County Courts instead of Sheriff Courts but I’m not making any observations that the Judge won’t themselves.

You’re going to have an extremely hard time convincing a Judge that on the balance of probabilities that the Councils inactions contributed more than your shite road craft.

EDIT: for the avoidance of doubt, I also suffer from chronically shite road craft.
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PRESENT: 2018 BMW S1000XR SE Sport.
PAST: 2009 Kawasaki ER-6F. 2021 Zontes ZT-125U.

[steve the grease]

Looks like you've got yourself stuck in a circular argument " I knew the road surface was muddy, it's been like it for years" "I slipped off because of mud on the road that I knew was likely to be there" It's very difficult to get from there to " It's the councils fault." If you were aware of the hazard , you should really have ridden accordingly.
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All the above is my personal opinion, you can see my lips move, but I'm talking out of my arse.
I've been riding, and fixing , bikes for 50 years, in that time the more I learn, the less I am absolutely sure of.....

[Kawasaki Jimbo]

[MarJay]

When one has accidents, if one keeps looking at external causes perhaps one might benefit from a bit of introspection? Self reflection is the only way to improve as a rider...
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British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

[BRUN]

have you actually reported the road condition to the council, like on their website or anything

do you have multiple reports over a span of time ?

[NutsyUk]

[Nobby the Bastard]

You are on a hiding to nothing mate.
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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

[NutsyUk]

[Kawasaki Jimbo]

[Freddyfruitba...]

[Ste]

[NutsyUk]

i was only going 10-20mph at the time.
As for avoiding it... It was invisible...

Pitch black. The headlights didnt show it, it looked like the road.
____________________
Yamaha FZ8/Fazer800 (split headlight one) 2014, gingerly getting used to the massive increase in HP and not killing myself in the process! That was easy to get used to.
Kawasaki ER6F 2007 650 Gonna sell as a project bike!
Lexmoto XTR S 125 Sold!

[Nobby the Bastard]

[trevor saxe-coburg-gotha]

Mud is everywhere at this time of year - the weather's been crap for at least six weeks. Wetter and damper than for the past few years, at least in the north east. I've encountered all manner of sh!te and slurry, on A, B and particularly unclassified roads since the end of November.

Vehicles pull onto the verge when they meet another, at least on the narrower lanes, then spin out mud onto the carriageway when they steer off the grass. This has led to some treacherous lines - chuck in pronounced crown cambers, frost and the perpetual twilight and you've got a veritable handful to contend with. Personally, I just try and relax into it and adjust to the fact that winter riding is often a different ballgame altogether.

Cold tyres, filthy calipers, greasy/muddy surfaces - it's all as inevitable as death and taxes and the notion that someone, somewhere is culpable is pretty risible tbh.
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"Life is a sexually transmitted disease and the mortality rate is one hundred percent."

Mobylette Type 50 ---> Raleigh Grifter ---> Neval Minsk 125