Witnesses to large pothole at jnct Nigel Rd & Peckham Rye

[Beulah]

In fear of keeping this on topic - surely the police who attended the scene will be able to vouch / act as witnesses for the pothole being there?

Hope you get the compensation.

Hopefully it'll persuade the council to repair other holes, preferably before they injure more people.

And +1 to Northernpup's post being idiotic.

I really don't understand why people bother posting such bile.

[Ladymuck]

TimMac,

Firstly can I just say how sorry I am about your accident/injuries. As a regular cyclist who has suffered injury at the hands of negligent car drivers you have my sympathy and I wish you a swift recovery.

Whilst Southwark's speedy reparation of the hole has to be a good thing, ironically this makes your gathering of evidence that bit more difficult. However, I would still take a photo - it is usually relatively easily to tell if a pot-hole has only recently been filled in. Your photo could still constitute good evidence. Incidentally, I note you state the hole was large: this is relevant as it would have to have been of a miminum size in order for you to pursue a claim.

Under section 58 of the Highways Act 1980, Southwark Council are under a duty to ensure its highways are maintained in a manner so as to ensure that they are not dangerous to traffic. (Note: bicycles are classed as traffic for the purposes of the Act). On the face of it it looks as though Southwark may be in breach of their duty of care to maintain that particular junction as required under Section 58. However, Southwark's Highways Department may be able to avoid liability on the grounds that they did not have constructive knowledge of the hole - especially if they can show that they have undertaken regular inspections of that area in accordance with current legal requirements. You should bear this in mind.

I fully understand why you should wish to pursue a claim for your dental costs. However, be aware that most personal injury claims can take years and can be very stressful in themselves - not to mention costly. Around 5 years ago I was knocked off my bike by a lady doing the school run who, without warning, hurriedly cut across me in Lordship Lane to do a sharp left turn. I sustained a fractured hip, but nothing else (even the bike was fine!). There were witnesses and she admitted liability, but I chose not to sue as I was able to receive all of my treatment (mostly physio) on the NHS and, frankly, my priority was to recover and get back to normal in the shortest possiblest time. But your situation is different. By the sound of it, your injuries are pretty severe and the costs involved to put you right hardly chicken feed.

I know this will not help you in your current position, but may I suggest you join the London Cycling Campaign. One of the benefits of membership is free legal advice and third party insurance.

I wish you all the best.

[theratprincess]

I saw the aftermath of your accident and my heart went out to you. Really glad that you are on the mend and wish you a speedy recovery.

My boyfriend cycles that route every day. I checked with him whether he remembers the pothole but unfortunately he doesn't.

Just to add a few things to what has already been said.

I'm a cyclist too (although not at the mo, as I'm 8 months pregnant!). I was knocked off my bike in a hit and run a few years ago, resulting in a relatively serious injury to my knee . After I made a huge fuss, the driver was eventually criminally prosecuted. I also civilly sued the driver to help pay for my physio etc.

It was a lengthy and emotionally draining process.

It's good that you are making your own enquiries. However, your solicitor should be able to do some of the leg work e.g.getting a log of any complaints made about that section of road or getting Southwark to confirm what work was undertaken and when.

If you have household insurance, you should check whether it covers you for legal claims (mine did). The only disadvantage of this is you have to use the solicitors recommended by your insurer rather than a solicitor of your choice.

Are there any CCTV cameras around there? They might show the the accident, the pothole itself or the pothole being filled. NB CCTV is usually destroyed after 28 days so you will need to write to the owner of the camera asking them to preserve the relevant footage asap.

[TimMac]

theratprincess,

Many thanks for your post, were you caught up in the traffic jam which I caused? I have no recollectionhow long I was in the road but it must have been a nnumber of minutes before the police arrived at the scene.

Thank you for the tips. I have already been in touch with my house insurers, I only found out about their service when re-reading the small print. I'll also have a look to see if there were any CCTV cameras in the area which might have captured the incident.

Lady Muck,

Thanks for your post and reference to your experiences, I don't imagine it to be an easy process and although I would rather forget the experience I can't afford to spend what seems to be an escalating dental bill running in to ?3k so will pursue the matter through the lawyers.

Thanks also to everyone else for there supportive messages, Stitches come out today.

Tim

[taper]

Thinking laterally, if the pothole was repaired recently, then there should be a record of this at LB Southwark (or if an A road TFL?). A freedom of Information request should therefore be able to pin down when the repair was made and would de facto show the pothole had existed at the time you had your accident.

[TimMac]

Good thinking but I fear that because the hole which caused the damage was part of a badly filled recent road works, it was quickly filled by the works contractor after the accident. It's worth a shot though.

Many thanks for the lateral thinking.

Tim

[TimMac]

Having just revisited the scene I have seen that there is a traffic CCTV camera right at the junction of Nigel Road and Peckham Rye, Although it's unlikely it recorded my accident I would like to find out how I can review the tape. Can anyone shed any light on how I might go about it?

Thanks

Tim

[TimMac]

I think I've managed to answer my own question. I've found that Southwark.gov website gives details how to go about it.

Tim

[Ladymuck]

TimMac Wrote:

-------------------------------------------------------

> I think I've managed to answer my own question.

> I've found that Southwark.gov website gives

> details how to go about it.

>

> Tim

Good Luck TimMac...I do hope the incident is on there...it would make your claim so much easier.

*crosses fingers for TimMac*

[sack donger]

Hit a massive one my self about half an hour ago, fortunately was in car, not on bike, but If I had been riding Id have been a gonner for sure. There's literally hundreds of them about at the mo, I wouldn't like to be the beancounter at Southwark council who has to arrange funds to get them all filled in.

Seriously though, they are a danger.. perhaps the venerable Mr Barber has some thoughts on this?

Was musing over the reasons for their appearance, obviously its something to do with the snow and cold weather but anybody got any idea of exactly why they have appeared?

[ruffers]

Extended period of freezing and wet snow combined to let a lot of water in, which freezes.

As has been said umpteen times they're being filled in, I see crews every day working on them and I'm sure they're working through them as fast as they can although I'm sure the councillor has a schedule.

[modelman]

Nasty one in the cycle lane at the lights, just before the box junction on east dulwich road. One just after the box junction heading towards Nunhead is starting to appear again. What on earth are these being filled with Playdough!

[James Barber]

Apparently, the works to realign the kerb line and traffic island and changes to loading bay and motorbike parking will start from today.

So presume those trenches to get electrics to where the new realigned islands will be.

Normally any road surfaces get fully fixed after such works completed.

[Sandperson]

Let's not confuse the issue here. The pothole that Tim hit was due to roadworks not the bad weather potholes which are appearing, getting filled then appearing again all over London.

Can I urge anyone who has encountered a dangerous pothole to report it here!

It takes about 5 minutes and pretty much all the ones I have reported have been filled in one way or another within a few days.