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Non sign posted roadworks liability? [nsw]

Discussion in 'Politics, Laws, Government & Insurance' started by Mr Messy, May 7, 2010.

  1. Hey guys.
    This is more of a rant but i guess it also curious re: the title.
    Are roadworks that havent got warning signs up and an accident occurs as a result of them, whose liable?

    Specifically, roadworks have been conducted on a small bridge over a creek on John Renshaw Drive heading out from the new england highway near beresfield and toward Kurri in NSW... and just after the george booth drive roundabout... HERE.

    Now, what has happened is they have cut the road surface in 3 places to (as far as i can tell) install new bridge expansion relief thingies. The cuts all span the entire road, are ~400mm wide and ~80mm deep.

    I hit them at about 70kph at 9pm on my bike and damn near killed myself yesterday [-( (im sure i wasnt the only one), and today there has been two car accidents there, and finally as i was heading down to work tonight someone started putting signs up. =D>.
  2. Re: Non sign posted roadworks liability?

    They would be at fault
  3. Re: Non sign posted roadworks liability?

    Are you sure about that?
    If they have intentionally changed the road conditions without signing it correctly, I think there is some responsibility on the road workers for not signing.
    I am fairly sure Joel will have something to say on the subject
  4. Re: Non sign posted roadworks liability?

    Thanks es.
    Hmm ok so the insurance mobs would likely contact workcover or maybe the council to find out who was working and make it a workcover investigation.
    Could be interesting, might try and find out what happens if i can.
  5. Thanks for moving :p but it was less about exact laws then my own curiosity ;).
  6. Re: Non sign posted roadworks liability?

    Their fault - meaning the roadworks. Sorry, I am really sick atm.

    Definitely need to sign it, and if there was any incident they'd be at fault.
  7. Re: Non sign posted roadworks liability?

    Cool, thanks for the clarification…
    From your wording I thought you meant the drivers.
  8. The local Wagga council found out about this very thing a few years ago. They'd done some road work, hadn't signposted it, left loose gravel on the road, and a motorcyclist fell over. He was unhurt, but his Goldwing sustained some damamge and the council was found liable for the repairs, due to neglecting their duty of car.
  9. I know it was a Goldwing, but you still shouldn't call it a car.
  10. Whoops. That's what happens when you're in a hurry and trying to post stuff during a break in the football.