Legal advice needed - Suing Council?

Hey folks,
I was traveling to my dads on Monday Night traveling down St Albans Road into Watford Here
I passed a Speed Camera as there was a bus slowing to stop in the road for a bus stop so I pulled out to filter past over broken white lines and hatching (diagonal white lines) wide enough to pass a car down, I assumed they were there for just that purpose.

According to my friend who was following me I then left the road and got at least a foot and a half of air before landing and some how staying up right and managing to finish my overtake and pull up off the road in "cow lane".

There is an unmarked and Unlit traffic Island opposite the bus stop with a rather steep high curb that I hit (I never even saw it) that, and we have the photos to prove this, you can't see when the bus is stopped in the road.

I did distinctly remember the "ooooooh" sound the 20 or so people in the bus made as I flew past looking down at them (a reversal of rolls I am not keen to re-play).

By the way no I wasn't speeding as A) we were passing a speed camera and B) my friend was following and wasn't familiar with the area and would be most annoyed if i got him lost and C) I was paying attention to my speed.

As I was assessing the damage (Both wheels flat and buckled) another car hit the same Island when moving out to pass the bus and likewise wrote off both wheels on the right side.

She had moved out earlier than I had and had just seen the Island in time to swerve but still clipped as by the time you CAN see it, it's too late.

At this point I decided to call the local police station and inform highways before anyone else wrote themselves off and killed someone.

As we both waited for our respective break down services, exchanged details and took photos a 3rd car did the same almost loosing control and taking out a cyclist but then refused to stop when I tried to flag him down and went off towards town with 2 flat tyres......(maybe he was scared we were trying to stop him about the cyclist?)

Highways turned up about an hour later (not before another car almost had the same accident and the highways van itself in a semi-comic moment seemed as if he was about to do it too!) and replaced the bollards (we got photos of this).

What are our chances of holding the council responsible for not maintaining any warning signs or illumination and getting the repair bill of them as I'm looking at at least £400 at the moment (2 new wheels/tyres and the front forks seals need replacing), and indeed I'm probably lucky I didn't come off much worse having been sent air borne parallel to a moving bus.

I'm not sure of the exact process, but you will stand a good chance of getting reimbursed for this. Especially with the other incidents and witnesses. Ring up the council and ask them who you need to speak too.

[G]

I once had this happen to me.....well similar.

I hit a hole in the road and slashed the side wall of my tyre, I was given a form to fill out with details of the incident and the work to repair the damage. I then had to attach receipts. At which point I got reimbursed pretty damn quickly.

They will sort it quickly in clear cut cases like yours. Its all the boy racers who have no suspension trying to claim for buckled alloys and smashed front bumpers after hitting a slight imperfection in the road that get fobbed off by the council.

Just been looking at this on google maps... can you point out where you where.

google maps

Cus if it was the white cross lines then they are there as warning markers.

That map link pretty much centers on the area.

The Road to the North on the Left side is paradise Land with the speed camera, just after that is the bus stop and pretty much parralel to that is the offending Island surrounded by broken white lines (with half hatching)

The road to the South on the Right side is Cow Lane where we pulled up.

Warning lines I can understand but I assumed that these were because of on coming traffic while you pass the stationary bus at the bus stop.

Shouldn't they be solid DO NOT CROSS lines if there is an Island there?
I certainly didn't expect an Island surrounded by broken white lines or for it to at least be Lit or have those Yellow Bollards with the "Keep Left" signs on.

You might be right... anyone got a link to the highway code?

Council told me it's not their responsability and I should speak to the Highways agency (who I've already dealt with on the night to make sure they fixed it before any-one else had an accident).

will try them anyway but I feel a pass-the-parcel game coming on...

http://www.highwaycode.gov.uk/10.htm


109: Areas of white diagonal stripes or chevrons painted on the road. These are to separate traffic lanes or to protect traffic turning right.

• If the area is bordered by a broken white line, you should not enter the area unless it is necessary and you can see that it is safe to do so.
• If the area is marked with diagonal stripes and bordered by solid white lines, you should not enter it except in an emergency.
• If the area is marked with chevrons and bordered by solid white lines you MUST NOT enter it except in an emergency.
  Laws MT(E&W)R regs 5,9,10 & 16, MT(S)R regs 4,8,9 & 14, RTA sect 36 & TSRGD 10(1)

Do you think they'll get me on the "You can see it's safe to do so" bit....
To be fair I didn't see the Island due to lack of markings and other hazzards taking my focus (Speed Camera, Junctions, Bus, Round About, Traffic) so I assumed (right upto my short and unexpected flight) that it was indeed safe or would that then go down the slippery slope of driving without due care etc....

[the_lone_wolf]

if there used to be bollards there it must have been deemed enough of a hazard to warrent them

ego if they weren't there it wasn't up to the appropriate safety standard

if you want any help with any specific highways legalities drop me a PM, i work for a highways and transportation consultancy and we have books and books on design standards...

[the_lone_wolf]

oh, but the caveat is that you'll have to show that the council were negligent in not replacing the bollard. if it was kncked down the same night before you got to it there's nothing they could have done and they'd have no case to answer