Cycling accident

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Carnmore

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I've had a cycling accident, which required emergency surgery needing about a year of recovery and the likelihood of developing arthritis . I was cycling downhill around a bend and the bike started to slide, resulting in me losing control; the road conditions were not wet or frosty, I was not travelling at excessive speed and my bicycle is roadworthy.

This is a well-used section of road, probably the steepest hill/bend in the town, close to the town centre and beside a secondary school but it does not have any anti-skid surface, which are commonplace in other road sections of the town where it happened. Two passersby stopped to help me and commented on how greasy underfoot the road was.

I am self-employed and therefore not entitled to claim Illness Benefit so I am effectively without an income for the foreseeable future. The operating surgeon referred to my injury as "life changing".

Would I potentially have a case against the local authority for personal injury, medical expenses and loss of income?
 
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There are a number of issues that would have to be looked at to decide what claim if any you might have.

Was the road in a fit state. Has it deteriorated significantly since it was constructed. Had there been any previous complaints to the council about the condition of the road.

Is there is a standard regarding the use of anti-slip surfaces and did this road meet it.

Carnmore said:
Would I potentially I have a case against the local authority for personal injury, medical expenses and loss of income?
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I think you are asking the wrong question. The correct question would be can you get a solicitor to take a case for you.

If a solicitor believes that the council have no case to answer they will not want to take your case. How would they get paid. If a solicitor believes you have a good case they will be likely to take it on as they would be paid as part if any settlement.
 
No, unless the local authority had botched a repair or maintenance job on the road.

It's one of the more ironic unintended consequences of our legal liability regime. The LA can let a road deteriorate into appallingly dangerous condition and they have no liability for it. The moment they lift a shovel to it, they are liable for any imperfections in their work, even if the finished result is a far safer road.

Perverse incentives, eh?
 
cremeegg said:
Was the road in a fit state.
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Insufficient grip-it was treacherous on the bend where I lost control
cremeegg said:
Has it deteriorated significantly since it was constructed.
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Abrasion has, yes, but overall the surface is good
cremeegg said:
Had there been any previous complaints to the council about the condition of the road.
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I don't know
cremeegg said:
I think you are asking the wrong question. The correct question would be can you get a solicitor to take a case for you.

If a solicitor believes that the council have no case to answer they will not want to take your case. How would they get paid. If a solicitor believes you have a good case they will be likely to take it on as they would be paid as part if any settlement.
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I initially thought I could claim through the PIAB but have since read that when there are potential future medical problems, a solicitor should be used.
I agree, the test is whether someone would take it on.
 
Baby boomer said:
No, unless the local authority had botched a repair or maintenance job on the road.

It's one of the more ironic unintended consequences of our legal liability regime. The LA can let a road deteriorate into appallingly dangerous condition and they have no liability for it. The moment they lift a shovel to it, they are liable for any imperfections in their work, even if the finished result is a far safer road.

Perverse incentives, eh?
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Yes, I was aware of nonfeasance vs malfeasance and have since read about this case

www.independent.ie

Court of appeal overturns €113,000 award to man who fell cycling over broken ramp

The Court of Appeal (CoA) has overturned a €113,000 High Court award to a man who fell off his bicycle when he went over a broken concrete ramp overlapping a cattle grid.
www.independent.ie www.independent.ie
 
There's an interesting little backstory here. Section 60 of the Civil Liability Act, 1961, says that.

60 —(1) A road authority shall be liable for damage caused as a result of their failure to maintain adequately a public road.

and Section 60 (7) states:

(7) This section shall come into operation on such day, not earlier than the 1st day of April, 1967, as may be fixed therefor by order made by the Government.

Between 1st April 1967 and today, no government has made an order for Section 60 to come into operation. It could be done by stroke of a ministerial pen, but never has.

So, 60 years ago, the Oireachtas decided that local authorities should be made legally liable for failure to maintain adequately a public road. They even allowed a lead in period of at least 6 years. In the intervening years, no government has implemented this decision.

Comment would be superfluous.
 
Isn't this really a discussion to have with a solicitor ?

With best of intentions, I don't see how anyone here can give an accurate assessment.
 
Baby boomer said:
There's an interesting little backstory here. Section 60 of the Civil Liability Act, 1961, says that.

60 —(1) A road authority shall be liable for damage caused as a result of their failure to maintain adequately a public road.

and Section 60 (7) states:

(7) This section shall come into operation on such day, not earlier than the 1st day of April, 1967, as may be fixed therefor by order made by the Government.

Between 1st April 1967 and today, no government has made an order for Section 60 to come into operation. It could be done by stroke of a ministerial pen, but never has.

So, 60 years ago, the Oireachtas decided that local authorities should be made legally liable for failure to maintain adequately a public road. They even allowed a lead in period of at least 6 years. In the intervening years, no government has implemented this decision.

Comment would be superfluous.
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That was the Civil Liabilities Act as referenced in the link in my previous post
 
Hello Carnmore,

Have you sought legal advice from a solicitor on this already?

If so, what did they say?

If not, why not?
 
Get well soon. That sounds very unfortunate. I’d have thought you’ve no basis for a claim. You must’ve been going too fast.
 
Carnmore said:
Did you read my post?
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I did.

Based on your subjective analysis, you weren’t travelling at excessive speed.

But you lost control of your bike and crashed. On that basis, objectively, you were travelling too fast.

It’s tough that you’ve been injured and I wish you well, but I don’t see why the taxpayer should be on the hook for this.
 
Gordon Gekko said:
I did.

Based on your subjective analysis, you weren’t travelling at excessive speed.

But you lost control of your bike and crashed. On that basis, objectively, you were travelling too fast.

It’s tough that you’ve been injured and I wish you well, but I don’t see why the taxpayer should be on the hook for this.
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I'm an experienced daily cyclist and know what too fast means.

I'm a taxpayer too and we supposedly live in a society.

Perhaps don't bother commenting in future rather than offering glib sympathy when just being dismissive
 
Carnmore said:
Schwalbe Marathon Plus, a heavy bike too
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Yeah a good tyre by any standard, I was asking about the other two because I've seen more people loose grip/control especially during winter on the Gators and the Armadillos and generally advise tyres like the Marathons as alternatives.

Hope the recovery is better than what has been indicated and they gave you some nice pain medication ;)
 
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