Hi folks,
I would suggest that those who think the injured cyclist should have
just have got of and walked should look at the web page on this.
Firstly it is often simply not possible to move out and back again as
recommended in 'Cyclecraft'. At rush hour this road carries nose to
tail traffic and I personally know one cyclist who was seriously
injured in a 'hit and run' crash when a driver, enraged by him moving
out, forced himself up the inside of the cyclist, knocking him off and
leaving him with a broken arm.
If you get off and walk -which you simply should not have to do on a
public road- you then have the problem of getting back into the
traffic flow safely. this is a particular problem as there is a 'left
turn only' lane right after the crossing.
The rails and road surface are far from even and even a Railtrack
report accepts this.
The story is that a number of years ago the local highways authority
decided to change the layout of the road, a move that would mean
cyclists having to ride over the trail lines at an angle. Local
cyclists objected saying it would be dangerous, the Health and Safety
Executive got in involved and agreed, the highways authority then went
ahead anyway... As a result very many cyclists have fallen and being
injured on this crossing but only a couple have successfully gained
compensation.
Now the Highways acts say a road should be safe for all road users,
including cyclists, and this section of highway simply isn't. In
addition the surface is in a poor condition with marked height
differences between the road and the rails. Hull City Council and
Railtrack both tries to claim the other party, or the fallen cyclist,
was responsible then a couple of years ago a car driver skidded on the
tram lines in Sheffield and was awarded over £1 million in
compensation. This went to the High Court who ruled that the highways
authority was ultimately liable for the safety of any section of road,
even if other parties, such as a tram operator, installed rails in
that road.
I have been working on this case for a few years and at one point a
local solicitor got involved and uncovered a lot of very useful
additional information. For example the railway act relating to this
crossing states that it should be maintained in a safe and level
condition, which it is not. He also got an engineers report from
Railtrack which accepts there is at least a 10 mm height difference
between the rail and the road surface. In the Sheffield case it was
ruled that if even a 1 mm difference was enough to cause a car to
skid, it was a danger and the highways authority could be held liable.
This solicitor couldn't take the case further but then a CTC member
fell on these lines in April and I put together bundle of evidence for
him (Postage alone was almost £10!). The CTC has looked at this and
has decided to seek compensation for their member in what will
probably end up in the High Court as a test of the limits of The
Highways Act. (That is can a highways authority get away with failing
to maintain it's roads in a safe state for cyclists).
I feel we have a rock-solid case but then again the court may just
display the all-too common prejudice against cyclists and rule in
favour of the highways authority. In fact they did something similar a
while back when it was ruled that a highways authority could get away
with maintaining the margins of a road (where cyclists ride) in a
poorer state than the main part of the road (used by cars)...
Or perhaps cyclists should just get off the road anywhere where the
local authority cannot be bothered to meet it's legal obligations to
make the road safe for all road users, including cyclists...