Solicitor Recommendation Anyone?

Nasty. I hope your friend recovers completely with the
minimum of scarring.

If your friend is a member of the CTC he already has legal
support and he should contact the CTC without delay. If not,
I suggest he gets a hold of a copy of Cycling Weekly, as
there are solicitors who advertise there who purport to
specialise in assisting cyclists in such claims.

Cheers, helen s

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is switched off--

Woody posted ...

Quoted message said:

It looks very much like he has a claim against Railtrack
and I wondered if anyone could recommend a solicitor who
specialises in this kind of thing.

Not trying to belittle your friends injuries and I wish him
a speedy recovery, but what about his duty of care for
himself, and his apparent lack of attention to the road
surface, as well as the changes and potential problems
inherent when crossing over a rail crossing ?

--
Paul

(8(|) Homer rocks .. 😉

On Tue, 6 Apr 2004 20:47:12 +0100, "Woody"
<[email hidden]> wrote in message
<YNDcc.148$jM6.26@newsfe1-win>:

Quoted message said:

It looks very much like he has a claim against Railtrack
and I wondered if anyone could recommend a solicitor who
specialises in this kind of thing.

CTC are the folks. If not a member, join. Their solicitor
johnnies will still do cases on a conditional fee basis
even if you weren't a member at the time, and are well clued-
up on cycling issues. Recommended it to a friend in Brum,
whose daughter was SMIDSYd; they were very pleased with
the result, which was a Handsome Cash Settlement and a
shiny new bike.

--
Guy
===
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Quoted message said:

Woody posted ...

Quoted message said:

It looks very much like he has a claim against Railtrack
and I wondered if anyone could recommend a solicitor who
specialises in this kind of thing.

Not trying to belittle your friends injuries and I wish
him a speedy recovery, but what about his duty of care for
himself, and his apparent lack of attention to the road
surface, as well as the changes and potential problems
inherent when crossing over a rail crossing ?

If I understand the OP correctly, the rails were immaterial
in this accident. Councils will often pay compensation for
damage to vehicles caused by poor road surfaces: surely this
accident was similar...

Did you get a photo of the gap before it was closed (Woody)?

AC

"Woody" <[email hidden]> wrote in message news:<YNDcc.148$jM6.26@newsfe1-win>...

Quoted message said:

A friend of mine is currently in hospital having his face
put back together after an accident yesterday. His front
wheel caught in the slabs between the rails at level
crossing and over the bars he went. He has suffered a jaw
broken in 3 places, loss of teeth and loss of skin.

Eye witnesses say that the gap between the slaps was
excessive and Railtrack have since been to close it up.

It looks very much like he has a claim against Railtrack
and I wondered if anyone could recommend a solicitor who
specialises in this kind of thing.

Thanks

Woody

Try Cycleaid ( cycleaid.co.ukcycleaid.co.ukOpen ↗ ). A friend of mine
used them to win a case against a negligent driver and I've
heard/read of other satisfiede customers.

Anthony

Woody said:

A friend of mine is currently in hospital having his face
put back together after an accident yesterday. His front
wheel caught in the slabs between the rails at level
crossing and over the bars he went. He has suffered a jaw
broken in 3 places, loss of teeth and loss of skin.

Eye witnesses say that the gap between the slaps was
excessive and Railtrack have since been to close it up.

It looks very much like he has a claim against Railtrack
and I wondered if anyone could recommend a solicitor who
specialises in this kind of thing.

I'd say he should have been looking where he was riding.
--
"We take these risks, not to escape from life, but to
prevent life escaping from us." bensales.combensales.comOpen ↗

"Woody" <[email hidden]> wrote in message
news:YNDcc.148$jM6.26@newsfe1-win...

Quoted message said:

A friend of mine is currently in hospital having his face
put back

together

Quoted message said:

after an accident yesterday. His front wheel caught in the
slabs between the rails at level crossing and over the
bars he went. He has suffered a jaw broken in 3 places,
loss of teeth and loss of skin.

Eye witnesses say that the gap between the slaps was
excessive and

Railtrack

Quoted message said:

have since been to close it up.

It looks very much like he has a claim against Railtrack
and I wondered if anyone could recommend a solicitor who
specialises in this kind of thing.

Thanks

Woody

Thanks to those of you who responded (at least most anyway).
My friend is a member of the CTC and his wife has now
contacted them for advice and assistance.

I will post the eventual outcome, though as Railtrack are
already being awkward at providing information it could be
quite a while.

Woody

"BenS" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

I'd say he should have been looking where he was riding.
--
"We take these risks, not to escape from life, but to
prevent life escaping from us." bensales.combensales.comOpen ↗

Perhaps Ben, you ride with your face down looking at the
road every inch of the way but I would expect that the rest
of us glance up occasionally to make sure we are not about
to hit anything. My friend has over 30 years experience of
cycling and is regarded as a very safe and careful cyclist.
Whilst not a legal expert, IMHO it is not too much to ask
for Railtrack to ensure level crossings are suitable for all
types of vehicle and pedestrians not just cars.

If don't have anything sensible to contribute then please do
not make facetious comments regarding a very serious
accident, the details of which you know nothing about.

Woody

anonymous coward posted ...

Quoted message said:

Quoted message said:

Woody posted ...

Quoted message said:

It looks very much like he has a claim against Railtrack
and I wondered if anyone could recommend a solicitor who
specialises in this kind of thing.

Not trying to belittle your friends injuries and I wish
him a speedy recovery, but what about his duty of care
for himself, and his apparent lack of attention to the
road surface, as well as the changes and potential
problems inherent when crossing over a rail crossing ?

If I understand the OP correctly, the rails were
immaterial in this accident.

I didn't say they were a material factor, but because there
are already known 'holes' (the railtrack openings) on a
level crossing, perhaps more care is needed, and should have
been taken, on this type of surface ? Riding into a hole,
any hole, that is on a well-signposted crossing point seems
to me to indicate a lack of care or vision.

Quoted message said:

Councils will often pay compensation for damage to
vehicles caused by poor road surfaces: surely this
accident was similar...

And that makes it right to pursue a 'similar' claim does it
?

Everyone loses in the end, due to higher insurance premiums,
with such a litigious mindset.

--
Paul

(8(|) Homer rocks .. 😉

Woody said:

"BenS" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

I'd say he should have been looking where he was riding.

Perhaps Ben, you ride with your face down looking at the
road every inch of the way but I would expect that the rest
of us glance up occasionally to make sure we are not about
to hit anything. My friend has over 30 years experience of
cycling and is regarded as a very safe and careful cyclist.
Whilst not a legal expert, IMHO it is not too much to ask
for Railtrack to ensure level crossings are suitable for
all types of vehicle and pedestrians not just cars.

If don't have anything sensible to contribute then please
do not make facetious comments regarding a very serious
accident, the details of which you know nothing about.

It was a very valid comment and I'm sorry that you regard it
as facetious. He rode onto a surface that was dangerous. If
you do not pay attention to the surface you are riding on
you only have yourself to blame if you have an accident.

The amount of time he has been riding counts for little. My
father has been riding a similar amount of years and yet he
had a big accident at the weekend as well. His first in god
knows how long. He touched the wheel of the rider in front
of him in a group and took down around 15 other riders,
giving himself a serious concussion in the process. He
recognised that the accident was his fault because he wasn't
looking where he was going and paying attention. He has
apologised to the rest of the riders who crashed and offered
to make good any damage.

As you say, you are not a legal expert and you don't know
Railtrack's responsibilities for a crossing. Don't let your
feelings for your friend cloud your judgment on where blame
lies for the accident. You friend may not be wholly to blame
but in my opinion, he should carry some.
--
"We take these risks, not to escape from life, but to
prevent life escaping from us." bensales.combensales.comOpen ↗

"BenS" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

On Wed, 7 Apr 2004 18:23:07 +0100, "Woody"
<[email hidden]> wrote:

It was a very valid comment and I'm sorry that you regard
it as facetious. He rode onto a surface that was
dangerous. If you do not pay attention to the surface you
are riding on you only have yourself to blame if you have
an accident.

The amount of time he has been riding counts for little.
My father has been riding a similar amount of years and
yet he had a big accident at the weekend as well. His
first in god knows how long. He touched the wheel of the
rider in front of him in a group and took down around 15
other riders, giving himself a serious concussion in the
process. He recognised that the accident was his fault
because he wasn't looking where he was going and paying
attention. He has apologised to the rest of the riders who
crashed and offered to make good any damage.

As you say, you are not a legal expert and you don't know
Railtrack's responsibilities for a crossing. Don't let
your feelings for your friend cloud your judgment on where
blame lies for the accident. You friend may not be wholly
to blame but in my opinion, he should carry some.

Ben

Sorry to hear about your father and I hope he has a
speedy recovery.

The point of this incident is that the surface if normally
maintained would not have been dangerous and my friend had
no expectation that it would be different this time. This is
not a case of 'weathering' but one of a 'slab' being moved
from its normal position. This had already been reported by
a lady whose pram wheel had got stuck but had not been
fixed. So as for Railtrack's responsibilities for this
specific incident then I think it is best left for a judge
to decide.

Woody

<[email hidden]> wrote (more or less):

Quoted message said:

anonymous coward posted ...

...

Quoted message said:

Quoted message said:

Councils will often pay compensation for damage to
vehicles caused by poor road surfaces: surely this
accident was similar...

And that makes it right to pursue a 'similar' claim
does it ?

Everyone loses in the end, due to higher insurance
premiums, with such a litigious mindset.

Of course, if everyone else is involved in such incidents,
and recoups their their higher premiums money by claiming,
but you don't, then you're the only one that loses out.

Which is why I'm a bit conflicted in this one.

My gut reaction is "we're too claim-prone", but I can see
the disadvantage in being one of the few non-claimers in a
claim-prone society.

Cheers, Euan Gawnsoft: gawnsoft.co.srgawnsoft.co.srOpen ↗
Symbian/Epoc wiki: html.dnsalias.nethtml.dnsalias.netOpen ↗ Smalltalk
links (harvested from comp.lang.smalltalk)
html.dnsalias.netsmalltalkOpen ↗

Woody said:

"BenS" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

On Wed, 7 Apr 2004 18:23:07 +0100, "Woody"
<[email hidden]> wrote:

It was a very valid comment and I'm sorry that you regard
it as facetious. He rode onto a surface that was
dangerous. If you do not pay attention to the surface you
are riding on you only have yourself to blame if you have
an accident.

The amount of time he has been riding counts for little.
My father has been riding a similar amount of years and
yet he had a big accident at the weekend as well. His
first in god knows how long. He touched the wheel of the
rider in front of him in a group and took down around 15
other riders, giving himself a serious concussion in the
process. He recognised that the accident was his fault
because he wasn't looking where he was going and paying
attention. He has apologised to the rest of the riders
who crashed and offered to make good any damage.

As you say, you are not a legal expert and you don't know
Railtrack's responsibilities for a crossing. Don't let
your feelings for your friend cloud your judgment on
where blame lies for the accident. You friend may not be
wholly to blame but in my opinion, he should carry some.

Sorry to hear about your father and I hope he has a speedy
recovery.

Thank you. And likewise I hope your friend gets well soon.

Quoted message said:

The point of this incident is that the surface if normally
maintained would not have been dangerous and my friend had
no expectation that it would be different this time. This
is not a case of 'weathering' but one of a 'slab' being
moved from its normal position. This had already been
reported by a lady whose pram wheel had got stuck but had
not been fixed.

Fair enough, but I still firmly believe that a rider should
never take the surface for granted.

Quoted message said:

So as for Railtrack's responsibilities for this
specific incident then I think it is best left for a
judge to decide.

A shame it has to come to that though.
--
"We take these risks, not to escape from life, but to
prevent life escaping from us." bensales.combensales.comOpen ↗

Quoted message said:

Quoted message said:

Councils will often pay compensation for damage to vehicles
caused by poor road surfaces: surely this accident was similar...

And that makes it right to pursue a 'similar' claim
does it ?

It implies the balance of opinion is that such claims can be
valid. You can argue against this.

Quoted message said:

Everyone loses in the end, due to higher insurance
premiums, with such a litigious mindset.

Litigation is always wasteful; in many cases compensation is
only fair. It's a shame they have become almost synonymous.

I would agree with you if we were discussing compensation
claims in extreme sports and in some other spheres.
Heaven forbid cycling on the roads should come under the
same banner.

AC

anonymous coward said:

Litigation is always wasteful; in many cases compensation
is only fair. It's a shame they have become almost
synonymous.

True enough. I bent a wheel on a large pothole once; I
phoned the council for a claim form and the man took details
of where the pothole was. Within48 hours the hole had been
properly patched. I never claimed: I thought they had done
what needed to be done. If they had failed to fix the
problem and I had suffered another bent wheel then I would
certainly have claimed.

--
Guy
===
May contain traces of irony. Contents liable to settle after
posting. chapmancentral.co.ukchapmancentral.co.ukOpen ↗

88% of helmet statistics are made up, 65% of them at
Washington University