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Updated: 2 hours 22 min ago

Re: Ten Miles a Day

20 August 2014 - 7:25am
Back up to 24.2.
‘Clee to heaven’ 120 km Audax on Saturday. Gentle ride on Sunday. Commute Monday and yesterday. Club 10 TT last night. Commute this morning.
My legs are shot. Equivalent FTP of only 230 last night, but daily average up to 24.2

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 11:07pm
Al, I wish you a speedy recovery.
al_yrpal wrote:I almost cannot believe that it was the groove in the road that tipped me off
I think this is the most pertinent remark in your initial post. As Thirdcrank has suggested, negligence claims against the Council must prove that they were aware or should reasonably have been aware of a problem. If you struggle to believe that it caused your off and as an experienced cyclist did not see it as a particular hazard prior to your crash it would be hard to argue that the Council ought to have flagged it up. If, as the CTC legal advice suggests, it wouldn't have been of sufficient magnitude for action to be taken anyway if it had been brought to their attention (and I assume there is some agreed standard on what is and isn't) then it would seem an uphill struggle to prove that they have been negligent.

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 10:39pm
Thanks everybody for your kind comments and suggestions. I have emailed Martin to see whether he has an opinion. The incident took place in Kidmore Lane Sonning Common about 100metres from tbe first property in Sonning Common.

Its interesting to note that earlier that morning I had inflated my 23mm front tyre with a CO2 bottle for the first time ever, it was rock hard. I usually hand pump my tyres to about 90psi. Its very true that wider softer tyres handle this sort of defect better.

I have been out on my other bike for a couple of 10 mile rides, I cannot put any weight yet on my right arm yet but it does help me steer. I am being very cautious

Al

Re: AUDAX Italia event: Valtellina Extreme Brevet:345 km + 8

19 August 2014 - 10:08pm
Couldnt you just have found just another 2 metres of altitude to cycle.

Having done 8998m of climbing, I couldnt stop, no matter how knackered I was, from doing another 2m to reach 9,000.

AUDAX Italia event: Valtellina Extreme Brevet:345 km + 8998m

19 August 2014 - 10:01pm
Hello !
I edited my first cycling video of my bicycle tour that I had this year (1828 km + 39441 m). This video is about a hard cycling event, that I cycled by my touring bike: Valtellina Extreme Brevet.
The stambecco level was 345 km long with 8998 m heightdiff with long ad steep ascents in the italian Alps, like Passo Mortirolo, Gavia, UMbrail Stelvio, Forcola di Livigno, Foscagno...
THis is a 12 min long trailer (with english texts in it), while I will edit a longer video about this event (about 35 minutes long):
Have pealesure with it !


Best regards,
Gábor

Other videos about a lot of climbs That I recorded for video :
http://gyorgyigabor.hu/GYG_osszes_hago.php

Re: Help!

19 August 2014 - 9:41pm
maff1977 wrote:yes, I'm afraid it's true; using a motorcar can cause you to become stupid and may cause you to be fat, blinkered and aggressive, or all of those combined. unnecessarily long 4x4 vehicles with names like 'destructor' may cause baldness and too tight polo shirt wearing.
I think we should be a bit fairer to the driver. I mean he could have been temporarily blinded by the growth growing out of his forehead swinging across his line of sight.

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 9:22pm
Sorry about your crash. I've no experience of claiming from councils but I suspect you will be out of luck unless this had been reported. If it has been reported and the council decided it wasn't bad enough to warrant a repair then this case found via google may be of interest. Though from your photo it's hard to see how bad the tramline is.


Similarly a 1m-long hardened concrete spillage with a leading edge of up to 2.5cms, in the middle of the road, was a danger because it was “reasonably foreseeable that a cyclist, coming into contact with it, would lose control of his bicycle, fall off and be injured”. (Wilkinson v City of York Council [2011] EWCA Civ 207 at 6, 30; Thomas v Warwickshire CC, above, at 75, 81)

http://ukcyclerules.com/2011/10/10/poth ... cling-law/


So if a cyclist had already reported this defect ......

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 9:03pm
I didn't comment on the actual defect pictured because I know from experience how bad something like that can be. Going back to when I was still commuting to work, mid 1990's, which was at the time when loads of trenches were being put in for cable television etc, we had a groove just like that in the middle of Gildersome. Having narrowly avoided a fall like yours, I tried to remember to avoid it. Not necessarily easy when riding home in the dark with what used to pass for cycle lamps. The whole road was eventually resurfaced and not a moment too soon.

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 8:41pm
Sorry to hear about your incident. I agree that the road defect doesn't look too dangerous, but as you've proven, it can be deceptive. Are you able to tell us where the road is? (purely for selfish reasons I might add - I think some of our riding territory overlaps, and I'd hate to fall foul of the same patch. In fact I was out in the Chilterns today).

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 8:27pm
People are sometimes successful in these claims and we've had threads from time to time with links to media reports that some highway authorities shell out more in compo than they spend on repairs.

Highway authorities have a duty to maintain roads but they have that special defence against compo claims which means that a complainant has more to prove. I suspect that anybody trying a DIY job, unless they could unearth damning evidence of prior knowledge and a decision to ignore the dangers, would be unlikely to get past the standard fob-off sent out by the office junior on work experience.

In one of the recently reported cases, highway authority lawyers unsuccessfully tried to extend the interpretation of that special defence to include budgetary constraints but they failed.

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 8:22pm
Ouch! ouch! - sorry to hear about the off and GWS! Looking at your photos, it doesn't look at all unusual to me, that surface, I'm afraid, I pass stretches of road surface like that every day: so your chances of redress from the Council are probably non-existent. But perhaps you could get photos of the surface from a different viewpoint, at a different time of day when there's a good cross-light?

I may have one 9-speed ergo lurking in my garage somewhere, not sure what condition it's in, nor whether it's the left or the right. It came off my son's old bike (since dismantled), I remember that one of the ergos was broken but the other was OK. I'll have a look around.

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 8:08pm
Hmm, not sure about CTCs stance. Certainly from my motorcycling days I can clearly recall riders successfully pursuing the local authority when they had fallen foul of overbanding that was not correct. Too wide, or not flush with road surface etc. There are I believe standards set for how repairs are to be done so that these sort of problems don't occur. I'd seek a second opinion.

Barry

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 8:03pm
Sorry to here about your incident I hope you get well soon.
A say incident as it's not an accident,but negligence on the part of relaxed laws and standards of councils under the auspices of not having enough funding to repair the roads properly,and as a result you're on a looser,sadly.
I also find it infuriating that for a ha'path of tar such 'boats' or trench edges are left for the frost and rain to permeate into and then crack open it up later or that contractors aren't made(by contractual clause) to make good initial subsidence/settlement after digging up roads,utility contractors being the worst culprits,it's a national disgrace .
FWIW there are roads just like that in the photo and far,far worse,around my neck of the woods.
Not wanting to push this,but since going to wider tyres and lower TP's I find they handle such poor linear cracks and deformities far better than narrower HP tyres.
Anyway get well soon and I hope it doesn't limit the enjoyment of your cycling too much.

Re: Cyclist dies on Surrey 100

19 August 2014 - 6:57pm
Condolences to family and friends RIP

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 6:01pm
Get well soon. And while you will feel apprehensive for a while don't let that put you off. I was nervous in the spring when i restarted cycling after breaking my pelvis in the winter but now i am back to normal.

Re: Fell off on a sort of tramline - advice please?

19 August 2014 - 5:53pm
This is not so much about the type of hole, as a Highway Authority's special defence for claims in negligence.

My own (humble) impression is that in circumstance such as yours, claims have been successful when the highway authority has been shown to have had some prior knowledge eg repeated reinstatements of the same defect. I count for nothing and my normal advice is to consult a lawyer, which you have already done. The only other thing I can suggest is consider contacting Martin Porter QC the Cycling Silk, for his advice, which he offers at the foot of this entry on his blog.

http://martinporterqc.blogspot.co.uk/20 ... awyer.html

I think it's also worth noting in this context that he has understandably taken some interest in cases involving cyclists and road defects, which is reflected in other entries on his blog.

You can do some detective work of your own eg check to see if the defect has previously been reported on the various sites such as fillthathole.

If your lawyer didn't explain the "special defence" here it is:

http://www.legislation.gov.uk/ukpga/1980/66/section/58

Fell off on a sort of tramline - advice please?

19 August 2014 - 5:40pm
I was cycling along a country lane about 1/2 a mile from my home after a 2 hour road ride, and doing about 15 mph. Suddenly I was tipped over to the right by something. I believe it was a sort of tram line at the edge of this filled pothole, I was going slightly away from the edge of the road having just rounded a bend and the groove steered the bike to the left toppling me off. I landed on my right elbow and shoulder and the handlebars on my Mercian twisted to the right leaving the front wheel straight ahead and I and the bike slid along the road smashing the Ergo levers bending the handlebars and lacerating my arm, Luckily there were no cars about, but as I was getting to my feet someone drove by without stopping. My arm was bleeding heavily and lots of blood was streaming down my legs. legs. I staggered to a nearby house and they bandaged my arm and I managed to get home riding with no brakes or gears. I was driven to the local A & E where 7 stitches were put in my arm.

I almost cannot believe that it was the groove in the road that tipped me off and I don't really believe I will get anywhere with the County Council, the CTCs solicitors say that there is no case since this defect in the road is not an actionable defect. However, in the last 8 years since I started cycling again I have never fallen off like this. I was so surprised to be tipped off and looking back at the road surface it even hard for me to believe it.

The tramline at the edge of the filled pothole
P1010613 by Alyrpal, on Flickr

Handlebar damage
P1010626 by Alyrpal, on Flickr

This accident occurred on 24/7 and since then I have been in continuous pain, unable to sleep properly, losing all power in my fingers hand and arm with a frozen right shoulder. I think I was lucky not to break my shoulder blade.

The damage to the Mercian means new bars, the 9 speed Veloce Ergo levers are a write off, both wheels are buckled and there is superficial damage to the right pedal and saddle, the LBS came up with a quote of £582 to repair it. Since my bike was insured with Aviva under my house insurance they are paying up, less my £200 excess - I am very impressed with that! Unfortunately the Ergos are no longer available in 9 speed so if I fit 10 speeds (only available in black) that means a new cassette and chain too. I think I can live with a scratched pedal and saddle. They suggest replacing the front rim but I think the scratches on the edge of it can be easily polished out.

I am wondering if I should pursue the County Council through the small claims court. I have ridden along this road literally hundreds of times and don't really accept that I was entirely at fault. The solicitors say that a judge wouldn't allow this claim because the road defect isn't actionable and that's why they wont pursue it. Maybe the road defect wouldn't damage a cars alloy wheel, but it definitely damaged this cyclist!

What would you do?

And...

Has anyone got any 9 speed Campagnolo Ergo levers lurking in their bits box?

Al

Re: Help!

19 August 2014 - 5:34pm
yes, I'm afraid it's true; using a motorcar can cause you to become stupid and may cause you to be fat, blinkered and aggressive, or all of those combined. unnecessarily long 4x4 vehicles with names like 'destructor' may cause baldness and too tight polo shirt wearing.

Re: Help!

19 August 2014 - 4:55pm
I fear many motorists in modern cars feel removed from what is going on around them. If they are fiddling with their air con, satnav, in-car sound system etc, how can they be expected to watch the road in front I'm sure we've all had drivers overtaking just before an obstruction, then jamming on the brakes in situations when the cyclist could easily have got through

Re: Help!

19 August 2014 - 2:26pm
AlaninWales wrote:Sorry to take it out of context, I agree with everyting else posted here, apart from this: They couldn't 'see' the tanker as well as you could, becaue they were not paying attention. Seeing requires other organs than just the eyes registering and xmitting to the brain, the information needs to be processed (and patently wasn't).

Nothing unusual here at all. Nothing to see ... move along
It's the usual motorist 'dilemma'. Fixating on the vehicle immediately in front and assuming that's what's holding them up. (Doubly so if that vehicle is a bicycle).

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