Collision with a Bollard - Legal action or repair cost covered?

AdrianC

neilmcl wrote: »

Just for clarification, it's the Evans Halshaw dealer in Blackpool (FY3 9TN if you want to check on google maps).

Whilst I can see that the bollard wouldn't be visible from the beginning of the approach/entrance road there's no way you should miss that when you start to turn in, not unless you were coming in at a fair lick without concentrating.

You ain't wrong there... And a 30 limit, too.


https://goo.gl/maps/NKqBGVwKJKM2

Merlin139

Only one person to blame for the accident and that is the person who was driving the car!

As you know all about H&S Law why are you wasting your time on here. Go find a good Legal Company and instruct them to get whatever you feel you or your mother are due!

TooManyPoints

Having seen the photographs I think the best you can hope for is that the dealer does not present your mother with a bill for repairs to the bollard. Take the matter to court and I believe you will find that a County Court judge gives greater weight to your mother's responsibility to avoid hitting stationary objects than he does to the HASAW responsibilities the dealer has to refrain from leaving them where he wants to (for whatever reason).

Car_54

AIUI elf'n'safety legislation is designed to protect people, not cars. Or has Mum suffered whiplash?

Deastons

Well, unlike everyone else here who is enjoying bashing the OP, I kind of see his point.

Yes, his mother should've seen it etc., but equally, it's often easy to be confused by where you're going when navigating around a busy industrial estate like that.

The entrance is very obvious due to the yellow arrow, the signage and the flags, but I don't think it's unreasonable to expect that entrance to be clear of obstructions - especially if the dealer is going to place so many visual distractions around the entrance. That lone, dull blue bollard against the greys and blues of the building would be possible to miss.

Ultimately, I don't think you can expect the dealership to cover any damages, but I do think the manager could have been more apologetic. And I also think it should have had a cone or something in front of it to warn people.

[Deleted User]

Deastons wrote: »

Well, unlike everyone else here who is enjoying bashing the OP, I kind of see his point.


Yes, his mother should've seen it etc., but equally, it's often easy to be confused by where you're going when navigating around a busy industrial estate like that.

The entrance is very obvious due to the yellow arrow, the signage and the flags, but I don't think it's unreasonable to expect that entrance to be clear of obstructions - especially if the dealer is going to place so many visual distractions around the entrance. That lone, dull blue bollard against the greys and blues of the building would be possible to miss.

Ultimately, I don't think you can expect the dealership to cover any damages, but I do think the manager could have been more apologetic. And I also think it should have had a cone or something in front of it to warn people

I carried on reading just for lols .

I kind of agree with this(first bolded line :eek:
not sure a cone would have been more visible than a bollard to the op`s mum

McKneff

All i can say is God loves a trier....

AdrianC

Deastons wrote: »

but equally, it's often easy to be confused by where you're going when navigating around a busy industrial estate like that.

<points up to Google streetview>
Urban 30mph two-lane dual carriageway. Slipway off, and immediately left into the [STRIKE]entra[/STRIKE]<BANG!>bollard.

unholyangel

Deastons wrote: »

Well, unlike everyone else here who is enjoying bashing the OP, I kind of see his point.

Yes, his mother should've seen it etc., but equally, it's often easy to be confused by where you're going when navigating around a busy industrial estate like that.

The entrance is very obvious due to the yellow arrow, the signage and the flags, but I don't think it's unreasonable to expect that entrance to be clear of obstructions - especially if the dealer is going to place so many visual distractions around the entrance. That lone, dull blue bollard against the greys and blues of the building would be possible to miss.

Ultimately, I don't think you can expect the dealership to cover any damages, but I do think the manager could have been more apologetic. And I also think it should have had a cone or something in front of it to warn people.

If you ended up hitting a pedestrian in the same circumstances, you would get absolutely hammered in court. A car is a lethal weapon in the eyes of the law and therefore should be treated with extreme caution, not wanton disregard.

If you can't see around a bend (imo though the pictures prove visibility wasn't restricted), you're supposed to slow down so you can stop - because you don't know what the hell could be around that bend. You're not supposed to just keep going because you don't expect that there will be any obstructions.

Unexpected is the very thing you need to learn to anticipate on the roads unless you want to have an accident and increased insurance premiums.

verityboo

AdrianC wrote: »

<points up to Google streetview>
Urban 30mph two-lane dual carriageway. Slipway off, and immediately left into the [STRIKE]entra[/STRIKE]<BANG!>bollard.

Or looked where they were going and steered through the huge gap to the right of the bollard (looks more than one and a half car widths wide) and carried on