damage caused by a missing illuminated 'keep left' bollard

[unclebobby]

Any help would be gratefully appreciated.


Last week, I was driving down a road (owned by the council). It was dark and as a result, I drove over the raised platform, where an illuminated 'keep left' bollard should have been. As a result, I wrecked 2 tyres and alloys.


The council will not accept responsability as they state that I should have driven with due care and attention and that the lines on the road would have been sufficient notice for the raised platform.


Can anyone offer me some advise about how to prove my case? What is the legaility with regard to illuminated 'keep left' bollards?


Has anyone else been through something similar? Did you go to court? What evidence did you show the court?

My wife took this video as I drove through the route of the accident.

https://goo.gl/photos/ZqxhNsquhp4NmuY77

The council claim that the road markings are sufficient enough to tell me of the raised platform, but I think this is rubbish. If that was the case, why do they maintain thousands of other illuminated bollards in the county? Also, the highway code states that I should be scanning ahead of me and that my stopping distance is 25ish metres.

Again any thoughts would be appreciated.


Many thanks

[R0b]

Re: damage caused by a missing illuminated 'keep left' bollard

Can anyone offer me some advise about how to prove my case? What is the legaility with regard to illuminated 'keep left' bollards?

I do believe there is a legal requirement to ensure traffic sign bollards are kept illuminated at all times and must comply with certain standards but I couldn't say off the top of my head what legislation they might fall under. There are however, some new signs which are reflective ones rather than illuminated.

However, if we are talking about that the bollard in question is at the beginning of the video you posted, I think I would be inclined to agree with the council. The roundabout and area seems to be quite well lit as I can see a number of lamp posts on each side of the roundabout plus your headlights look more than adequately bright.

But for argument's sake, lets say that you did bring a claim to court, you would have to prove that the council was negligent. If you don't know how negligence works I would suggest you google something like the 'elements of the tort of negligence'. It will be far easier for you to read than for one of us to explain it.

Even if you could establish some sort of liability the council would no doubt plead contributory negligence in that you were careless yourself and there should be a % reduction in damages to cater for that contribution.

But based on the video you have shown, I can't see you have much chance of successfully suing the council for negligence.