Q Have I had the most random accident ever? I was riding on my old CB750k2, and there were some of those rubber tubes across the road that measure the traffic – they were attached to a metal box chained to a lamppost. An articulated lorry coming from the opposite direction drove over them and I then had the surreal moment of watching the rubber tubes break and fly up into the air. Unfortunately the giant rubber “tentacles” then snared themselves around my front wheel and even Houdini couldn’t escape from this one. Shiny CB down the road, trashed kit and a broken arm. Am I stuffed or can I bring a claim? I have a witness who saw everything.
A This is pretty random and bloomin scary! Potentially you may have a claim against the authority who is responsible for the road that authorised the box and “tentacles” to be installed; or the contractor who fitted it; or the manufacture of the rubber tubes. However, as the Claimant you are going to have to prove on the balance of probabilities that someone has done something wrong: i.e. the rubber tubes were defective or not installed properly etc. If you can’t do that you are going to struggle. Practically, your witness will be very important and I strongly advise you go back to the scene and take photographs of everything – road layout, the metal box (which will usually have a sticker of who owns it/manufactures it on the side of it) and the ends of the rubber tubes. I say this as I once had a case where the Defendant alleged the rubber tubes had been cut and we could prove they hadn’t.
White Dalton Solicitors is Britain’s most specialist motorcycle law practice. Managing partner Andrew ‘Chef’ Prendergast and his bike riding barristers compile Motor Cycle Monthly’s legal column very month, offering our readers essential motorcycle legal advice. www.whitedalton.co.uk