Car damaged by roadworks sign jutting out into the road

DullGreyGuy

Grumpy_chap said:

DullGreyGuy said:

If they photographed it before hitting it any claim they couldn't see it will won't work

Well, obviously I suppose.

I did wonder whether the first image shared was a still from dashcam.
It is just, in that first image, the shadow from the sign is only about 4" into the carriageway (as can be seen from the kerb stone). 
The light is in the central reservation, so the shadow will be further into the carriageway than the sign.
There is a clear skid mark from the kerbstone of the central reservation into the carriageway.  Was that created by the OP's car?  
If so, it could well be that the OP was very close to the kerb, possibly clipped the kerb.  If the OP had bounced up the kerb, then the sign is a secondary obstacle.

The shadow is much more than 4" into the carriage way, in my opinion. Maybe what you can see is about 4" of shadow but the view of the edge of the kerb is obstructed but the street furniture so in reality will be further in. 

Not 100% sure what's actually happened, the cross bar of the sign looks to have broken and one of the sandbags weighing it down has lost integrity and spilled its contents. Doesn't look like just the consequence of airflow. 

Bigboppa

a couple more pics i took

Bigboppa

Plus as was mentioned in a previous post the sign may have been pushed back towards the barrier when I  made contact with it.

Baldytyke88

Bigboppa said:

I'm not sure if it's a council or highways sign. How can I find out are they marked up if they are highways or council signs ?

Highways England manages the strategic road network (SRN) in England, comprising motorways and some A roads.

https://nationalhighways.co.uk/our-roads/roads-we-manage/

Bigboppa

Pics of damage to car as you can see its not major damage as I've only clipped the knife edge of the sign that was jutting out. Ive not ploughed into it or the barrier or the kerb, not caused it to topple over, not caused it to break the support bar or split the sandbag.

Bigboppa

scratch  to front wing and scratch Dent to rear drivers side door

Bigboppa

Close up rear passenger door drivers side

Bigboppa

Baldytyke88 said:

Bigboppa said:

I'm not sure if it's a council or highways sign. How can I find out are they marked up if they are highways or council signs ?

Highways England manages the strategic road network (SRN) in England, comprising motorways and some A roads.

https://nationalhighways.co.uk/our-roads/roads-we-manage/

Thanks Baldytyke88 I've checked and the road is not on the national highways list so it must be managed by the council.

35har1old

DullGreyGuy said:

A static object is there to be seen and avoided, its very rare for any liability to be put on to the owner of the object.

Councils however do have a hightened duty of care -v- the average person and therefore there are some examples of where a split liability is agreed. We used to use one in our training on liability where a pavement was cut back to widen the road but the contractors blindly followed the instructions leaving 1 lamppost now standing in the road. In that case the council were found 10% liable. 

Almost certainly if they do concede any liability they will make you aware that they'll be informing your Motor insurers so make sure you've informed them first and that means you need to inform all motor insurers for the next 5 years 

It's upto who placed the temporary sign to have it suitably weighted that it remains in a upright position. 
Using you reasoning anybody that hits a pothole they would solely be at fault
Actually he should let the insurance company pursue who was at fault

DullGreyGuy

35har1old said:

DullGreyGuy said:

A static object is there to be seen and avoided, its very rare for any liability to be put on to the owner of the object.

Councils however do have a hightened duty of care -v- the average person and therefore there are some examples of where a split liability is agreed. We used to use one in our training on liability where a pavement was cut back to widen the road but the contractors blindly followed the instructions leaving 1 lamppost now standing in the road. In that case the council were found 10% liable. 

Almost certainly if they do concede any liability they will make you aware that they'll be informing your Motor insurers so make sure you've informed them first and that means you need to inform all motor insurers for the next 5 years 

It's upto who placed the temporary sign to have it suitably weighted that it remains in a upright position. 
Using you reasoning anybody that hits a pothole they would solely be at fault

And the vast majority are