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Accident - Colney Heath BOAT Road, Herts
|Accident date:||Monday 21 Jul 2008|
Cyclist thrown from bike after hitting an illegally installed speed bump
Injuries / damage
Bruising to his knees, right forearm, and stomach and sustained injury to his right rib cage and psychological distress.
Our client was cycling along the Byway for the first time at 6:30 in the morning. The sun was low and had masked a speed bump in the road. The cyclist hit the bump and was thrown from their bike. At that time of day, the speed bump was invisible as the sun was low, and the speed bump had no markings on the road immediately in front of it, to warn cyclists or other road users.
The client had initially pursued his own case against Hertfordshire County council, but they repudiated liability on the basis that "the area in which the accident occurred is not adopted highway but instead a Byway Open to All Traffic (BOAT). Land that is un-adopted highway is not to be judged by the same standards of a highway"
Hertfordshire County Councils appointed agents took the view that the "defect" over which caused our client to be thrown from his bike, was " not sufficiently dangerous to impose a legal liability on our client"
When Levenes were instructed to represent Mr D Riddell, they noted that in the disclosed documents from the Agents for the Council, there was an internal email, which made reference to the fact that speed bump which had caused our clients accident, was installed without seeking approval from the Council.
There were two other potential defendants who were responsible for the speed bump, and following a robust approach with both companies, the Public Liability Insurers for the company who invariably installed the speed hump, liability was finally admitted on 12th October 2011.