Nasty Accident

Beasty

Just out of hospital following accident when commuting into work on Tuesday morning. Cannot remember what happened, but based on what I have been told and Garmin info I was on the hardshoulder on the R132 about 200m from the M1 roundabout travelling from Blakes Cross/Turvey when I hit poorly completed roadworks - it looks like a trench has been dug across the hardshoulder, but they have not flattened it when completing the roadwords. The work was done a few months ago, and the surface is very uneven.

I've had a couple of wobbles on this bump before, but nothing serious. However this time I was travelling at 23mph when I hit it. An eyewitness indicated to someone else at the scene that I did a full 360 degree somersault, presumably still attached to the bike (my hands and lower body have suffered relatively little injury)

I sustained heavy concussion and a nasty gash to the corner of my eye, which has required a skin graft. I also have badly grazed both forearms, and a shoulder, with numerous other cuts & bruises. The good news is I was wearing a helmet, otherwise I would certainly not be telling the tale today, and possibly would never have been able to.

I presume this is something I need to speak to Fingal County Council about. Most importantly to get this very poor bit of road sorted out, and secondly to consider a claim both for damage to my property (not yet sure of bike damage, but I have shredded some high quality Assos gear) and my personal injuries. I would prefer not to go through a solicitor initially, but simply make my case. If I do not feel they are dealing adequately, then I would consider formal legal process. Does anyone have experience or advice on how I should approach this?

lukester

Very sorry to hear that.

No experience, and only advice is to go after them with everything you can muster.
Ireland is like a developing nation when it comes to shoddy road repair, and I know a few people who've fallen victim to this kind of cr*p on bikes, including motorbikes. So very dangerous.

Good luck.

scottreynolds

lukester wrote: »

Very sorry to hear that.

+1 -- Glad your okay.

kenmc

get well soon.
no other advice I can add I'm afraid.

Loveless

Sounds like a very nasty accident. I would suggest that you try and get photos of the road in it's current state of (dis)repair before it gets tarmacked over or something, and photos of damage done to the bike and your own personal injuries etc.

trad

Get out there quickly with a camera and record the condition of the road. Bring something like a newspaper that can date the photographs. Also find out if the gardai attended, and get details of what they saw, also look for witnesses. You'd be surprised how many people would have seen a tumble like yours.

Get well.

Nietzschean

Ouch sorry to hear about that OP.

Speaking of shoddy repairs, anyone paying a visit to howth might want to be carefull of the descent into the village, there is more or less a speed bump near the bottom when your at near enough on full speed...

Ghost Rider

Sounds like a nasty accident and good to hear you're recovering.

I was involved in a cycling accident last year and ended up having to claim against the driver's insurance policy. (I offered to let him settle it directly with me but he stopped returning my calls so I had no option but to pursue the claim. I wanted my medical bills paid.)

Your case is quite different, though, as it involves what sounds like negligence on the part of a local authority. I'm not sure but I think you, or a solicitor acting on your behalf, will need to contact Fingal County Council and advise them that you're seeking damages. Then I imagine they will direct you to their insurance company and it will be taken from there.

You will need documentation regarding your accident. If you had photos of the roadworks in question, that would be helpful, I'd say. If there was a Garda report, that would be even better, though I'm not sure a Garda would get involved if no crime, in the strict sense of the word, has been committed. Finally, a medical report detailing your injuries and treatment will be necessary.

Beasty wrote: »

Just out of hospital following accident when commuting into work on Tuesday morning. Cannot remember what happened, but based on what I have been told and Garmin info I was on the hardshoulder on the R132 about 200m from the M1 roundabout travelling from Blakes Cross/Turvey when I hit poorly completed roadworks - it looks like a trench has been dug across the hardshoulder, but they have not flattened it when completing the roadwords. The work was done a few months ago, and the surface is very uneven.

I've had a couple of wobbles on this bump before, but nothing serious. However this time I was travelling at 23mph when I hit it. An eyewitness indicated to someone else at the scene that I did a full 360 degree somersault, presumably still attached to the bike (my hands and lower body have suffered relatively little injury)

I sustained heavy concussion and a nasty gash to the corner of my eye, which has required a skin graft. I also have badly grazed both forearms, and a shoulder, with numerous other cuts & bruises. The good news is I was wearing a helmet, otherwise I would certainly not be telling the tale today, and possibly would never have been able to.

I presume this is something I need to speak to Fingal County Council about. Most importantly to get this very poor bit of road sorted out, and secondly to consider a claim both for damage to my property (not yet sure of bike damage, but I have shredded some high quality Assos gear) and my personal injuries. I would prefer not to go through a solicitor initially, but simply make my case. If I do not feel they are dealing adequately, then I would consider formal legal process. Does anyone have experience or advice on how I should approach this?

JohnW2008

Jaysus, that sounds nasty! Glad to hear ya survived.

I work in the area and drive those roads everyday..where exactly did the accident happen? Was it on the dual carriage way part near the Topaz garage? OR was it more towards th Chuck Wagon( that stretch is an absolute death trap at the moment with the road works.!)

Trojan

If you haven't done so, call into your local Garda station and ask their advice on whether you need to make a statement.

ec101

Hey,

I had something similiar happen to me last year (although not half as serious). Basically due to some very shoddy road repair I came off my bike (going over the handlebars) on infirmary road and broke my arm. Luckily I was wearing a helmet so the noggin was ok. I took pictures of the road the next day and immediately got in contact with Dublin City council. I did not get involved with a solicitor. But I must say that (although they were very slow) DCC were fine to deal with.

If you have any further questions feel free to get in contact with me and I will tell you about what I did etc.

All the best,

Emmet

Beasty

JohnW2008 wrote: »

J
I work in the area and drive those roads everyday..where exactly did the accident happen? Was it on the dual carriage way part near the Topaz garage? OR was it more towards th Chuck Wagon( that stretch is an absolute death trap at the moment with the road works.!)

It happened on the hard shoulder of the dual carriageway, about 200m or so before the M1 roundabout. The road itself is fine - its just the hard shoulder where the raised repairs are.

Beasty

Thank you all for your good wishes, comments and suggestions.

I do not think the Garda attended, but have no recollection from setting off (from Skerries) until undergoing a CT scan at the Beaumont about 3 hours later.

Once I can drive I will get some pictures and pick up my bike from a very kindly gentlemen who stopped to help me. Again I cannot remember him, but have spoken to him about the incident. He did not witness it himself, but relayed someone else's account of it.

From this, and the GPS, I have pieced together what happened, although I am not sure if I can track down any independent witnesses. Hopefully the evidence I do have will help pull together a case to force FCC to do something about this.

bcmf

Glad to hear you are ok. The only advice I will offer you is get to a solicitor 9am Mon morn. Believe you will get nowhere with Fingal Co Co. Also will do no harm to post this in the North County Dublin Thread. You never know. I would really like someone to take FCC to task about the atrocious state of the roads both as a standard and post road works.

Eoin D

Looks like FCC are at fault all right, as everyone said get out there and take photos as soon as possible, maybe take photos of measurements etc. ie. heights of bumps and stuff, even use a euro or something for scale if you have to. Get as much information as you can about the location you fell before it's changed. There's no harm knowing more than you need to, plus there may be specifics in the contract that have to be met and you could photograph the fact that they weren't met.

Speedy recovery!

Ryaner

As everyone says, take photos for proof. As soon as you mention injury to the council, the road will be repaired as quick as possible.

Queen-Mise

+1 on solicitor and photos. Get them asap.

Hope you get better soon.

Spiritoftheseventies

maybe there is a reason for the speed bump being there.

Beasty

bayviewclose wrote: »

maybe there is a reason for the speed bump being there.

Who mentioned speed bump? Hard shoulders do not have speed bumps. As I clearly stated this was a poor road repair. At least speed bumps are marked and you can adjust your speed accordingly. This particular "bump" is hardly visible until you are right on it (which is too late, and risks, as I did, failing to see it at all)

victorcarrera

Something similar was discussed on a previoous thread.
Here is the newspaper article.

http://www.irishtimes.com/newspaper/ireland/2008/1210/1228864618975.html

Your case may be considered differently though as the above article applies to neglect and disrepair whereas your case may be due to careless or shoddy workmanship.
Some solicitor firms who specialize in personal accident operate on a first consultancy free and no win no fee basis. Agree a fee in advance if possible or percentage.

Spiritoftheseventies

sorry was referring to that neesh chap who went off the subject a bit by mentioning there was speed bumps at the bottom of howth hill.

kavanagh_h

That's really awful. Best of luck with your case. Don't feel at all guilty as this was badly completed road works. Any company who digs up roads should be made to put it back perfectly. Sounds like it could have been fatal!

kincsem

From my work with a utility company many years ago I know that road surfaces are not put back in exactly the same condition as they were before they were opened. When the repair is completed the surface repair is usually temporary as the ground will settle over the next few weeks. A final repair after the ground settles then puts the surface back to "as new" condition.

I suggest you measure how high the (temporary) repair was higher (or lower) than the surrounding unworked surface.

I hope you have a complete recovery.

Also, it may not be the County Council that did the work - it could be water, sewerage, gas, electricity, telephone.

Beasty

kincsem wrote: »

From my work with a utility company many years ago I know that road surfaces are not put back in exactly the same condition as they were before they were opened. When the repair is completed the surface repair is usually temporary as the ground will settle over the next few weeks. A final repair after the ground settles then puts the surface back to "as new" condition.

I suggest you measure how high the (temporary) repair was higher (or lower) than the surrounding unworked surface.

I hope you have a complete recovery.

Also, it may not be the County Council that did the work - it could be water, sewerage, gas, electricity, telephone.

Thanks for your comments. I guess as the Council have primary responsibility for the roads they are the first port of call. I am sure they will quickly identify if someone else carried out the work.

Beasty

bayviewclose wrote: »

sorry was referring to that neesh chap who went off the subject a bit by mentioning there was speed bumps at the bottom of howth hill.

sorry, missed that bit of the thread, but he did say it was "more or less a speed bump", which to me indicates it is not designed to be but acts as one - ie it is simply another poor road repair

Beasty

victorcarrera wrote: »

Something similar was discussed on a previoous thread.
Here is the newspaper article.

http://www.irishtimes.com/newspaper/ireland/2008/1210/1228864618975.html

Your case may be considered differently though as the above article applies to neglect and disrepair whereas your case may be due to careless or shoddy workmanship.
Some solicitor firms who specialize in personal accident operate on a first consultancy free and no win no fee basis. Agree a fee in advance if possible or percentage.

Thanks for that link. I remember seeing reference to a judge stating the local authorities are not responsible for potholes until they repaired them, which is clearly absurd, but appears to be the way the law works in Ireland. The authorities cannot be expected to repair roads instantaneously, but should have an obligation to do something once they are made aware of a dangerous fault. In this case I have no doubt it is shoddy workmanship, and hence I think whoever carried it out has responsibility.

My main motive here is to prompt those responsible to carry out necessary repairs before someone gets badly hurt. I would also like some compensation for the costs I will incur replacing damaged clothes, and possibly repairing or replacing my bike. I will probably be scarred for life and have suffered quite a lot over the past few days (and am still in discomfort), and hence I think a reasonable personal injury claim is also justified.

n-dawg

Hey,

I'm glad to here your ok now. Sounds like a scary experience. I hope it doesn't completely put you off cycling.

A similar thing happened me on the Rock road in between Merrion gates and Vincents Hospital (I'm sure some of you remember how bad that section of road was for nearly 18 months). My front wheel got stuck in a long narrow pothole and I went over the handlebars and ended up in Vincents A and E... Thankfully it was a short walk. I took about 50 photos of the road condition and sent them to the city council... they told me to contact the contractor who had apparently "fixed" the road. As soon as I showed them the photos they said "How much do you want?" In the end I just got them to pay my admission fee for the hospital and the x-ray expenses (I didn't tell them I had medical insurance that would have paid it if they didn't) and I got a nice new set of wheels (I told them you have to buy them in pairs:D) and a helmet worth about 5 times what my old one was worth.... I recon they got off lightly though.

Anyway... My advice is take lots and lots of photos! If you have friends who also cycle that route get them to write a letter explaining that its not just you who thinks this hole is a death trap. And don't give up, its there responsibility that the road is in a safe condition for ALL road users not just cars.

Good Luck

kincsem

I reviewed the claims files in one utility years ago. There were families who all seemed to fall into the same hole and put in claims. And the other utility companies found those people also fell into their roadworks. A high percentage of claims were connected.

Have a written account, witnesses, photographs, and fill in a claim form. List personal and machinery damage. Do it now.

Ryaner

victorcarrera wrote: »

Some solicitor firms who specialize in personal accident operate on a first consultancy free and no win no fee basis. Agree a fee in advance if possible or percentage.

It is illegal for a solicitor to charge a percentage based fee in a personal injury case like this in Ireland. It is the first thing they'll advise you when you go in the door.

doozerie

As suggested, you really should get legal advice as soon as you can. The Citizen's Information Board provide some useful info on their website, which is worth a read if only to get some kind of idea of the process involved in a legal case. Some interesting links, with some possibly useful extracts:

From: Personal Injuries Assessment :

Under the Civil Liabilities and Courts Act 2004 the time-limit for claims for compensation is two years from the date of the accident. Even so, it is very important that you notify the person you hold responsible for your injury within two months of the accident. While it may not effect your application to the Board, it may effect your case later if you have to go to court.

From: Commencing proceedings in your civil case :

It is important to note that you cannot pursue a personal injuries action throuth the courts without first submitting your claim to the InjuriesBoard.ie process.

From: Instructing a solicitor in Ireland :

If the accident was a road traffic accident, you will need to clearly describe where you were coming from or going to, what the weather conditions were like, what was the sequence of events leading up to the accident, whether you were wearing a seat-belt at the time of the accident, what markings and signs were on the road, who was the investigating Garda and what were the names and addresses of any witnesses.

A solicitor should be able to save you the time, effort, and worry, of figuring out what you should do next. Alternatively, ring the Citizens Information Board (phone number on their site) or drop into one of their centres (addresses on their site) for their advice initially.

drcopernicus

(disclosure/disclaimer I'm a lawyer and the following does not constitute legal advice or warranty and it cannot be relied on as such.)

Look at www.piab.ie. The time limit for bringing a personal injuries claim is two years, which is very short. Also, within 2 months of the accident you should have "written" to your tortfeasor (Fingal Co Co) to let them know you intend to submit a claim to PIAB. If you don't though, it's not fatal to your claim.

PIAB just assesses your injuries in accordance with its Book of Quantum. It does not assess liability. If liability is contested, the matter then goes to the courts.

It's important to get your evidence together as quickly as possible. If you could track down the eye-witness that would be great, but it is not essential or fatal to the claim if you don't have one. There is plenty of other evidence.

If I was you, I would read the PIAB FAQs (question 5 deals with legal costs and who pays them) and armed with that info have a consultation with a good PI solicitor on Monday. You won't have to commit to using them, but it might be useful to get their view of whether or not legal representation is necessary.

It probably depends on the form of Fingal Co Co and the complexity of your injuries.

There is also the distinct possibility that Fingal Co Co will refuse to allow PIAB to make an assessment, in which case you will definitely need a solicitor.

It might be a good idea to see if the Council will give you a clue as to the attitude they would take to a PIAB assessment of your injuries. I wouldn't hold out much hope of full and frank disclosure though. At the very least, this communication will serve to put them on notice of the claim.

You can take a bit of time to make your decision. Don't be rushed into anything, but bear in mind that you need to get as much info together on all aspects of your case quickly and efficiently. 24 months is not a long time to put all your ducks in a row. Especially when dealing with a local authority.

This should tell you what you need to know.

http://www.injuriesboard.ie/eng/Making_a_Claim/