Had a crash that was the road's fault, what now?

Ynayesta

Ok, so I was driving along in normal traffic going around 20mph on a 30 road - normal for the middle of the day, busyish traffic. When the lights on the crossing infront of me start to flash amber, so I let go of the throttle and apply the front break (I drive a twist and go)

Im pulling up to the line as usual (i'm the first vehicle coming to the crossing). The next thing I know my precious new vity is flying down the hill away from me and I'm on the floor.

OK skip about half an hour ahead, the wonderful motorist behind me has pushed my machine up onto the pavement and put it on the centre stand, there's some superficial damage. I'm pretty damn scratched up myself (no road rash though - after all I was going VERY SLOW pulling up to the crossing red lights.)

We've established where I've gone over. there's this patch on the road, which all the normal bits of gravel have been filled in with some sort of tar spill. I've got a photo - but it was on my phone, not that great quality. I plan to go back to the area when I can walk properly again, and take a video of the road defect and the surrounding area.

My scoot went because there was no grip on the road, it's a defect they've clearly accepted as safe because they've painted road markings over it. It was no other drivers fault, not mine either - just this road.

Other than gathering evidence of the road and area (which i'm going to do asap)... what do I do now? I can't afford to pay for this damage, and I don't feel I should accept it. Especially after loosing days of work - went to the hospital, nothing serious. they just had to pull a bit of my trousers out of me, and i've got bad bruising, no bone breaks or anything, but I can't drive. and can't work.

what do

Tilt

So to translate this into English, the car behind you hit you while you were stationary at a pelican crossing, is that correct? (btw, they start flashing AFTER changing FROM red) If so, the road surface is not an issue for you to be concerned about... it is the third party's (the car which hit you).

You make a claim from the third party and let them deal with the issues of the road surface.

debsy42

I read it that the car driver retrieved the scooter from the middle of the road where the OP had fallen off and that the road surface was at fault for the accident ??

Ynayesta

no, it was the road's fault. a defect in the road, I thought I was very clear about that. "It was no other drivers fault, not mine either - just this road." that driver behind me was a god send, he got my scooter out of the road, pulled over and stayed there to make sure I was ok.

Also they were changing to red, flashing amber, so I was slowing - just decribing that I was going very slow, and why I was.

neilmcl

Exactly what sort of crossing are you talking about. Traffic signals flash amber AFTER red not before on a pedestrian crossing. Unless you're referring to a rail crossing.

GAZ237

As you have been told. Flashing amber comes after red before they go green.

Tilt

Sorry, my mistake. But I can assure you that flashing amber doers follow red. Steady amber precedes red.

Ynayesta

Pedestrian crossing, someone had pressed the button to cross - I mean to say it was changing to green to red, so I was slowing. I'm really sorry If I'm not being clear, is there anything else I need to elaborate on or make clearer? I'm on these painkillers that make me a bit tipsy, and I have no idea if i'm making any sense.


- edited because i made a mistake.

GAZ237

Was the road wet?

Sounds like you have braked to hard with the front brake and lost it where the grip is less on the road markings.

Nobodys fault but yours.

zzzLazyDaisy

This article is about cyclists and road defects but the same principles apply

http://www.guardian.co.uk/environment/bike-blog/2013/jan/28/how-to-deal-with-potholes

Alternatively, as far as the damage to your scooter is concerned, you could claim on your insurance. However this is likely to affect your premiums and possibly also your NCB (depending on whether it is protected or not)

Ynayesta

No it wasn't raining, I wish I could show you a picture of this tbh. I was going very slow, I had just taken the play out of the front break and was pressing slowly, I always crawl when I'm stopping. I hadn't even reached the road markings yet.

I am finding it a very difficult thing to describe, like a patch of tar had been spilled on the road, there's no spaces between the gravel it's smooth like ice.

__

It's very superficial damage, so I wont be going to my insurance for it. thanks for the article. good step by step instructions there

__

the picture of the road is on my phone, i'm not sure how to get thaqt onto the internet.