Can I claim compensation from council?

Inactive

sequence wrote: »

Just because you've been driving 34 years, doesn't mean that you're any good!

Spot on.........

Inactive

Cumbrian_Male wrote: »

The speed limit through an unmarked junction is 15 mph.

Is it really, do you have a link to that legislation?

sindygirl58

I think a lawyer will find that the council has no legal liabailty for having road markings.
lawyer friend of mine discovered this when doing such a claim.

Happychappy

Cumbrian_Male wrote: »

The speed limit through an unmarked junction is 15 mph.

Where is this piece of legislation ?

whatmichaelsays

mikey72 wrote: »

Even if it was a true "unmarked junction", no one has priority, so the lack of signs telling him to stop don't really come into it.
All motorists should proceed with caution, and not just assume they have the right of way, just because they are not told differently.
Maybe the other driver tried to take avoiding action, or stop, which is why only your partner was cautioned.

This.

If it was an unmarked crossroad, he should have stopped. If he didn't realise that he was approaching a crossroad, then the police were right to charge him.

The fact the road was unmarked does not, on the face of it, make the council liable. Crossroad junctions can legitimately be left unmarked.

Gordon_Hose

Does your OH drive on the right hand side of unmarked country roads, because there are no central markings telling him which side to drive on?

Imp

Just found this

http://www.findleys.co.uk/practical_tutorials/crossroads.html

Crossroads - Unmarked Crossroads.

Unmarked crossroads are by definition crossroads that have no road markings or traffic signs on approach to indicate which road has the priority. The width of the roads that form the cross has no bearing and neither does the amount of parked traffic in the streets. If there is nothing to say which direction gets the priority then neither one does.

The safest way to use this type of junction is to assume that neither of the roads has priority. Simply pull up near the junction in an emerging fashion, prepared to give way to anything that is coming. Make sure that you look effectively in all directions before you move off again.

If you are involved in an accident at this type of junction then it is automatically half your fault, because if you had stopped and given way then the accident would not have happened. The same of course applies to the driver of the other vehicle.

Of course, it's on the internet so may well not be true.

Lum

Gordon_Hose wrote: »

Does your OH drive on the right hand side of unmarked country roads, because there are no central markings telling him which side to drive on?

Plenty of little country roads by mine where that is often a good idea, eg. to improve forward visibility on left hand bends

BLT_2

angela2095 wrote: »

.

The other driver was going way over the 20mph limit but we cant prove that.
Plus we dont know if the other driver was cautioned or not.

May have been wise to keep his eyes on the road instead of assessing the other guys speed. (if it was at a crossroads then surely he would have seen him at the last moment, how did he assess his speed? and if he didn't see him at the last moment and knew he was travelling fast why didnt he brake)

vaio

Imp wrote: »

......Crossroads - Unmarked Crossroads.

Unmarked crossroads are by definition crossroads that have no road markings or traffic signs on approach to indicate which road has the priority. The width of the roads that form the cross has no bearing and neither does the amount of parked traffic in the streets. If there is nothing to say which direction gets the priority then neither one does.

The safest way to use this type of junction is to assume that neither of the roads has priority. Simply pull up near the junction in an emerging fashion, prepared to give way to anything that is coming. Make sure that you look effectively in all directions before you move off again.

If you are involved in an accident at this type of junction then it is automatically half your fault, because if you had stopped and given way then the accident would not have happened. The same of course applies to the driver of the other vehicle........

Doesn't sound unreasonable to me

The only way i can see any liability on the council is if the roads were of a type that requires markings and you can prove they unreasonably delyed reinstating them during the maintenance