Cycling accident

Carnmore

I've had a cycling accident , which required emergency surgery and about a year of recovery with a 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 I have a case against the local authority for personal injury, medical expenses and loss of income?

GM228

You would have no case against the LA.

The principles of misfeasance or nonfeasance comes into play, unless they did something which caused the damage they are not liable, and failure to maintain the road is not a cause of action, this is long settled by the courts.

seamus

As above, your odds of being successful here are close to zero. I mean there's no harm in talking to a solicitor to find out your options, but I wouldn't get your hopes up.

As with all road users, there's an obligation to ride with due regard to all road conditions. The signage in the area will be important. If there were warnings of steep hils, sharp bends and slippy roads, then the council has a solid defence that you were well warned.

As a cyclist, I absolutely empathise with your situation but not every accident is someone's fault. A single consultation with a solicitor should be more than enough to tell you what your options are.

GM228

https://www.boards.ie/discussion/comment/118352722#Comment_118352722

"The signage in the area will be important"

The signage in the area will actually be irrelevant, the local authority has no duty to warn of any potential dangers, again long settled by the courts.

Previous short discussion on the matter:-

https://www.boards.ie/discussion/2058038141/vehicle-damage-by-pothole

The principles have very recently (October 2021) been reaffirmed by the Court of Appeal.

Carnmore

https://www.boards.ie/discussion/comment/118352750#Comment_118352750

No matter how much detail is provided to preempt inane replies such as this, it makes no difference to some.

Oh so losing control due to a greasy surface is the same as going too fast.

Perhaps reread or even read my post.

Carnmore

https://www.boards.ie/discussion/comment/118352722#Comment_118352722

I already covered the road conditions in detail.

There is no signage.

If it was my fault, A) I wouldn't be posting here B) I wouldn't be seeking recompense

C3PO

Funnily enough I too had a serious cycling accident in June just gone. Badly broken elbow (pins and plates), broken shoulder and a punctured and collapsed lung too! I cycle approximately 12-15K kms per year and had never had an accident on the road bike before. Just like you, I was cycling downhill but on a straight piece of road, when the bike just went from under me. They had been doing a lot of work on the road at the time and I’m guessing I hit a pothole or maybe just a patch of greasy road. I have certainly taken that descent a lot faster in the past without incident.

Yes the road surface was probably less than optimal but I should have adjusted my speed to compensate and you probably should have too? A number of people have suggested that I should consider suing the council but I’m grateful to be alive and not in a wheelchair and sometimes you have to suck these things up and learn the lesson.

maestroamado

You should ask your insurance provider to look into this as they are best to advise...

magicbastarder

according to the OP

which required emergency surgery and about a year of recovery

from this, the 'year of recovery' seeming to be contained in the past tense, and if this is the case, there's no way to prove anything i would suspect after a year (or more).

e.g. roads can get greasy during the first shower of rain after a dry spell, etc.

you have my sympathy, that's a hell of a chunk of bad luck but i can't see the legal route being fruitful.

Carnmore

https://www.boards.ie/discussion/comment/118353667#Comment_118353667

Will require a year....

Carnmore

https://www.boards.ie/discussion/comment/118353386#Comment_118353386

Do you have motor insurance as a cyclist?

https://www.boards.ie/discussion/comment/118353189#Comment_118353189

Going too fast for the conditions. there is an expectation on all drivers and cyclists to adjust to the conditions of the road. And i have taken spills from my bike too..luckily not busted up. You did come off on "the steepest hill in town"

Carnmore

https://www.boards.ie/discussion/comment/118353708#Comment_118353708

Try reading my post rather than random posting

Nigzcurran

Op asks for opinions/advice and then throws a strop when said opinions/advice are not to their liking. If you couldn’t control the bike and stop safely then you were not riding safely according to the road conditions. Sometimes an accident is just an accident and nobody else is to blame

Dr Turk Turkelton

https://www.boards.ie/discussion/comment/118353386#Comment_118353386

Just on this, is it possible for a cyclist to take out an insurance policy like a motor insurance policy?

I take the bike out for an odd spin around the town during off peak hours and wouldn't do 200 kms a year but if I was going to commute this is what I'd be looking for.

Carnmore

https://www.boards.ie/discussion/comment/118353908#Comment_118353908

*OP asks for opinions/advice and gets a deluge of random responses ignoring the stated details from bored trolls

Large bottle small glass

https://www.boards.ie/discussion/comment/118352708#Comment_118352708

You are omitting the requirement to properly construct the road in the first place; chip loss, excess binder, aggregate with too low PSV, texture depth etc etc.

You might get some pertinent information with the right FOI request.

You have an uphill battle though

SVI40

What did your solicitor say?

kippy

If everyone were to take the line the OP and many more appear to take it would be safer and indeed cheaper for the state NOT to provide the infrastructure to assist people in getting from A to B or indeed ban people from making their own decisions in the first instance.

Look I have sympathy for those that get hurt or injured, particularly those who miss work and lose income however in cases such as this there has to be some level of personal responsibility both in the incident itself and the events and actions leading up to it and indeed in the level and type of insurance the poster had to protect themselves were an incident like this to occur.

kippy

https://www.boards.ie/discussion/comment/118353681#Comment_118353681

You don't need to have motor insurance to protect your income in the event of illness or accident or indeed pay for medical bills.

https://www.boards.ie/discussion/comment/118353973#Comment_118353973

For arguments sake, if you were driving , and the same accident happened and you hurt somebody, you would be considered at fault. Actually if you had hit somebody else with your bike in the accident you would be at fault, based on the detailed account you give. Anti-slip surface.. ie tarmac?

Peregrinus

https://www.boards.ie/discussion/comment/118353908#Comment_118353908

There is a certain contrast between your second sentence and your third. If an accident is sometimes just an accident, then it is not necessarily the case that the OP was not riding safely according to the road conditions. The fact that nobody else is to blame does not mean that the OP is. With a pure accident, it is often the case that nobody at all is to blame.

If the OP is "throwing a strop" it is because various people post to point out ways that he is at fault. That is not necessary to address the question he has asked, which is whether he has a case against anyone else.

OP, as others have said the likelihood is that you have no case against anyone else. This is the kind of loss for which you are only compensated if you have take out personal accident insurance or other appropriate insurance. If you have effected a personal accident policy or similar you will know. It might be worth checking your house insurance or any insurance cover associated with financial products that you may have to see if there is an add-on to cover personal accident. It's a long shot, but it costs nothing to check.

maestroamado

https://www.boards.ie/discussion/comment/118353681#Comment_118353681

I think if you want to sue anyone on an insurance claim be better to have insurance.. cyclists can have insurance so if there is an incident they will do whatever...

GM228

https://www.boards.ie/discussion/comment/118354167#Comment_118354167

Failure to build the road properly in the first place in and of itself does not create an automatic liability on the LA.

To establish liability under misfeasance you would have to establish several things, (a) that the road was actually incorrectly constructed, (b) that the LA was negligent in doing so or they created a nuisance, and (c) that thay failure to construct properly was the cause of the accident.

seamus

https://www.boards.ie/discussion/comment/118353971#Comment_118353971

Yes, it is possible basically.

If you join Cycling Ireland, you get 3rd party liability insurance as standard, and depending on the membership type you also get personal accident cover. It's up in air whether this will cover you while commuting (it's supposed to cover training & leisure cycling), but certainly in an incident like the OP's you'd be covered.

There'll be limits on it, most likely wouldn't cover long-term disability or loss of earnings, but may do so for a while.

carfinder

https://www.boards.ie/discussion/comment/118353973#Comment_118353973

I think you might get more agreeable and sympathetic responses from the echo chamber that is the Cycling Forum but you wanted legal opinion and you got it - the law doesn't care about your feelings!

magicbastarder

the fact that there are several regulars of the cycling forum telling the OP he doesn't stand a chance might contradict that assertion.

kirving

https://www.boards.ie/discussion/comment/118353837#Comment_118353837

I think ChocolateIce is correct. Unless there was some egregious problem with the road (far beyond just being a bit greasy), the fact you fell off proves you were going too fast for the conditions.

Last year I broken my collarbone on an extremely badly constructed mountain bike trail. Recovery was about a year and took two surgeries.

As much as I believe the trail builder should bear some responsibility, it was ultimately up to me to ensure I was riding in accordance with the conditions and my ability.

Pinoy adventure

I think your chancing your arm here and looking for a pay day.

focus on recovery and put this wild fantasy out of your mind.

whippet

https://www.boards.ie/discussion/comment/118359611#Comment_118359611

I wouldn't be that cynical - to be fair to the OP they are in a situation where by they say they will have no income for the foreseeable and a potentially life changing injury.

I agree that there isn't any liability (based on what we know) from the council - and in the absence of any personal insurance; either in the form of income protection or personal accident insurance the OP isn't in a good situation and is looking for any avenue possible to alleviate some of the problems.

I am not sure what your social welfare entitlements are - but if you are unable to work due to an injury there may be some form of disability allowance which you can claim.

Carnmore

https://www.boards.ie/discussion/comment/118355272#Comment_118355272

What are ye on about..I wasn't looking for "agreeable out sympathetic responses" rather opinions on whether I would have a case or other helpful answers.

My own experience is just that and not something to be doubted or scorned, funnily enough.

However, I should've known there'd be a slew of inane judgemental, pontificating responses on an anonymous forum.

Dismissive, antagonistic comments aren't "legal opinion" or relevant to the law! Good job you're not a solicitor.

carfinder

https://www.boards.ie/discussion/comment/118375132#Comment_118375132

😂😂😂 you really are taking this badly. The forum is for opinions as direct legal advice is forbidden. You are taking opinions that don't suit you as some sort of personal insult - it must be tough being you!

Carnmore

https://www.boards.ie/discussion/comment/118375192#Comment_118375192

My post is straightforward-I asked Would I potentially I have a case against the local authority for personal injury, medical expenses and loss of income?

I didn't ask for a critique.

Personal insult on an anonymous forum? Right🙄

Perhaps look up the difference between being insulted and irritated by irrelevant responses.

Whatever way I am, it's easier than being a dick to people online

Esel

/thread at this stage....

fullstop

https://www.boards.ie/discussion/comment/118376316#Comment_118376316

No, no you wouldn’t. If you have income protection then you will have recourse through that, but from what you said you have no case against anyone, you had an accident...it happens, just move on with your life.