crashed due to grit on road since snow.

weeder

alright guys,
not strictly motoring but since a lot of the same will apply here im going to post it here aswell as the fact similar threads have surfaced before so the advice will be helpful.

So basically i was out for a spin on my bike tonight and i slid on some of the grit which is still there from the freeze back in january ,basically at any junctions or turn offs the grit has piled up and the council dont seem to be bothered about it, this is pretty much the same everywhere in town

So what im wondering really is do i actually have a case here or am i basically out of luck

Annasopra

weeder wrote: »

So basically i was out for a spin on my bike tonight and i slid on some of the grit which is still there from the freeze back in january ,basically at any junctions or turn offs the grit has piled up and the council dont seem to be bothered about it, this is pretty much the same everywhere in town.

I haven't noticed this much at all

weeder

around wexford its pretty bad anyway ive had 1 or 2 near misses with it since the snow has gone away with itself, it was the same after the freeze last year but i managed to avoid any mishaps, I think aswell on 2 wheels you are more aware of it as even light braking on it can lock up your front or rear and send you flying!

dnme

you crashed due to yourself.

andyseadog

Johnnymcg wrote: »

I haven't noticed this much at all

you must be driving with your eyes shut.

my local is destroyed with grit still, even on some main roads. i washed and polished my car last saturday afternoon and drove it less than a mile (yes, lazy me :pac:) to work on saturday night and there was a decent layer of dust over the rear of the car and i'm finding similar results after every weekly clean.

as regards making a claim against it, i'd say you have no hope, there was an obstacle in the road, you should have been able to react in time and all that jazz, its unfortunate it had to happen but it has, consider yourself lucky it wasn't worse i suppose.

this is similar to where people think they can claim from the council when they damage their cars with potholes, it never amounts to anything once the immediate rage has worn off.

as for keeping my car clean :mad: difficult.

Esel

andyseadog wrote: »

this is similar to where people think they can claim from the council when they damage their cars with potholes, it never amounts to anything once the immediate rage has worn off.

You can claim for damage if the pothole has been previously repaired but has opened up again. If it's a new hole, claim will not be entertained, afaik.

andyseadog

Esel wrote: »

You can claim for damage if the pothole has been previously repaired but has opened up again. If it's a new hole, claim will not be entertained, afaik.

exactly, if their repair has failed you have a case but they will still do their best to fob you off, but if its a fresh hole you have no case..

weeder

im probabaly out of luck so since it was gravel all over the turn off, to be honest even if the council cleared the ****e off the roads it would be a lot better than nothing

andyseadog

weeder wrote: »

im probabaly out of luck so since it was gravel all over the turn off, to be honest even if the council cleared the ****e off the roads it would be a lot better than nothing

Just noticed your location, i wouldn't be a million miles from there :pac:

bit of a grit issue alright

CJhaughey

I would say that the council will tell you where to go, unfortunately this is common here and you have to be aware of the hazards on the road particularly on two wheels and learn to deal with them.
Grit and gravel can build up from other sources than gritting, as roads wear they release grit, trucks can drop grit from uncovered loads etc etc.
In all honesty you are supposed to drive according to the conditions and your skill level, crashing because you hit loose gravel is your fault.
The roads should be better maintained I agree but ultimately you are responsible for yourself, especially on a bike or scooter.
Not being smart but have you considered some off road training? Learning to skid is a skill on a bike that shouldn't be underestimated.
2 near misses before this would indicate that you are riding outside your ability.

Nissan doctor

Surely if you were kepping to the normal position on the road you wouln't have a problem as traffic would not alow anything to build up, if you were cutting corners and running close to the kerbs then there will always be gravel and loose dirt etc there anyway which is always lethal to bikes.

Crash due to lack of common sence IMO..

n900guy

weeder wrote: »

alright guys,
not strictly motoring but since a lot of the same will apply here im going to post it here aswell as the fact similar threads have surfaced before so the advice will be helpful.

So basically i was out for a spin on my bike tonight and i slid on some of the grit which is still there from the freeze back in january ,basically at any junctions or turn offs the grit has piled up and the council dont seem to be bothered about it, this is pretty much the same everywhere in town

So what im wondering really is do i actually have a case here or am i basically out of luck

Case of what? You are meant to drive with care and attention. What if there was a person in the road abnd you hit them? You sue the person? This is similar to a post in the cyclign forum on someone who got their wheel stuck in a luas track.

If you can't handle grit, or also for example some dirt, maybe a cowpat or something then dont go on those roads.

HeisenbergBB

I'd say you're **** out of luck buddy!

Esel

Nissan doctor wrote: »

Surely if you were kepping to the normal position on the road you wouln't have a problem as traffic would not alow anything to build up, if you were cutting corners and running close to the kerbs then there will always be gravel and loose dirt etc there anyway which is always lethal to bikes.

Crash due to lack of common sence IMO..

What's the 'normal position' for a motorcyclist? In the track of the right-hand set of wheels of the cars? It's impossible to do that, and grit could easily have built up between the left and right wheel tracks of the cars - just like you see grass growing in the centre of country roads/lanes.

People shouldn't be too quick to say it's the OP's fault that he dropped his bike. Wayne Rainey's career ended when his front-wheel lost traction due to a tiny repair (5cm x 20cm or something crazy like that) on the track. He's been wheelchair-bound since then. Things that you might only barely notice in a car (a rut, a tiny oil or diesel spill) are not so innocuous to a biker. Not all of them can be guarded against.

Reloc8

Legally speaking :-

Local authority does nothing to road and road is ****e = nonfeasance (that means they did nothing to the road and the road is ****e).

Local authority does something to road and the road is ****e in consequence = misfeasance

Local authorities are immune from suit in respect of nonfeasance but can be sued successfully for misfeasance.

OP's problem is to establish that it was more probably the grit on the surface that caused the accident and not the manner of driving for instance, or a failure to take proper care for himself in the act of driving.

That and he hasn't said that he was hurt or suffered loss (thankfully). If someone is negligent but you don't get injured (physically or financially) you have no claim.

Nissan doctor

Esel wrote: »

What's the 'normal position' for a motorcyclist? In the track of the right-hand set of wheels of the cars? It's impossible to do that, and grit could easily have built up between the left and right wheel tracks of the cars - just like you see grass growing in the centre of country roads/lanes.

The only way that there would only be a clear right or left wheel track is if the road is narrow enough that cars have to stay in the one position i.e, very narrow lane etc, grit or debris build up in the center of a lane won't happen on a normal width road.

I fully understand that there are always things that cannot be foreseen, I just don't think that debris build up(very different to spilled/dropped debris) is one of them.
The way I see it, forward thinking and planning is the key to good driving IMO, especially important on 2 wheels and if this is being done properly then you can read where hazards like this are going to be on a given road.

vectra

andyseadog wrote: »

this is similar to where people think they can claim from the council when they damage their cars with potholes, it never amounts to anything once the immediate rage has worn off.

Wrong.

Esel wrote: »

You can claim for damage if the pothole has been previously repaired but has opened up again. If it's a new hole, claim will not be entertained, afaik.

Wrong also

I damaged an alloy beyond repair and burst a tyre when I hit a NEW pothole in my town.. Successfully got paid from Cork Co.Co

seamus

vectra wrote: »

I damaged an alloy beyond repair and burst a tyre when I hit a NEW pothole in my town.. Successfully got paid from Cork Co.Co

It depends on luck and circumstance. Some authorities will just hand out the cash rather than fight it. Also, if it was a newly-laid piece of road with a new pothole, that could be classed as misfeasance too.

I remember a post a couple of years back by a guy with a very low car (porsche or something), who managed to drive over a traffic island and do some damage. His contention was that the plastic bollard thingie warning about the island was missing (had been ripped off). Clearly his fault for not looking at the ground, but he got the repairs paid for by the council. So I reckon it's often down to who receives the claim as to whether they pay out.