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[VIC] Help and Advice Wanted - Road Debris & damaged Rod

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by r.ellis, Aug 10, 2008.

  1. Hi all,

    Im hoping some one can help me,

    I was Rideing on the South Eastern Freeway Away from the City in the Right Lane, about 1k from the Warrigal Rd Exit with No Emergency stopping Lane, this is Due to Road works. The Guy in front of me put on his Brakes as did i. During this I hit a piece of round steel ( 4 to 5 X 1' ) in the indentation where the Road works have riped a grove in the road to remove the old White line. When i hit the Above Object under Brakes, the Front wheel bounced up on to his object Locked and the bike went out from under me.

    I am now faced with a) the Costs to fix my bike, b) The Costs to Replace my riding gear.

    Although some Riders with many Years of experience may have avoided this, I could not and i don't think many to many people could have.

    Who is responsible to Make shore the Roads Are safe, and clear of debris whilst Road works are on, and what is the Legality of NO Emergency lane?

    What can i do to recover my costs, as i don't have Comprehensive insurance? The Police have Said Stiff.

    Please Help....

    PS i have suffered minimal injuries, just a few minor Scrapes thanks to Correct riding Gear.
  2. Have a chat to Port80 and also your insurance.
  3. Sounds unfortunate, you could contact vicroads but in all honesty your own insurance may be your only option.
    Are you sure that you are OK?
    (the title is a little hard to understand)
  4. First stop should be a visit to a solicitor; someone has been negligent, you need to find out who, and that party would seem to be liable for your damages AND injuries. Even if there was signage it was obviously still a dangerous spot (although I'm on NSW so some different stuff MIGHT apply.)
  5. Thanks, Who what is Port80??

  6. Some solicitors will charge more than what the damage bill is...

    I'd suggest the first step is:

    - Get a quote to repair the bike and replace your gear, so you know what figure you need to get out of someone OR what this is worth to you compared to other, possibly more expensive, courses of action.

    - Find out who is responsible for the roadworks on the road. This will likely not be a council, but a construction contracting company.

    - Write them a nice letter with a copy of your quote attached, and a photograph of the object you hit on the road; to them, requesting that they reimburse you for the damage that occurred.
    You'll need to state the time, date, location the incident occurred, it's proximity to road-works... and if at all possible, find a friend who knows about road construction stuff to identify whatever the hell it is you hit: if the construction company play the "That's not ours, we don't know where it came from" it may help to have a letter saying 'This is clearly a Johnson Rod, commonly used in exactly the type of work the road construction crew were doing.'

    - If unhappy with the response, write back to them saying that it is obvious the object on the road was their responsibility and a danger to road users - and unless they reimburse you for the damage to your motorcycle and gear ONLY, noting that you are not claiming any medical expenses or compensation other than for property that was physically damaged by their negligence -> you will document the incident and inform your state motorcycling lobby group, the Roads Minister and the local council or state government depending on the road, requesting that your evidence be used to fine the contractor for negligence in leaving sizeable debris on the road.

    - If that doesn't work, you'll probably have to suck it up and cover the repairs yourself. I would avoid court and solicitors on this one, can just get you into deeper financial shit.
    You say you aren't particularly experienced, so hopefully that means small bike that isn't too expensive to repair.

    Best of luck.
  7. *cough*

    Allow myself to introduce... myself. Always wanted to use that line.

    Here is what I did:

    First thing is to write down the sequence of events in very fine details, times, events, people you saw etc. Then go get photos of all your damaged kit.

    Find out who was doing the road works and contact them. Explain the sequence of events in full detail. Be nice about it - it's most likely not the person on the phone's fault that there was shit on the road. They will take it from there - be prepared to wait. Also don't expect your full costs to be covered.

    Document the entire procedure including who you spoke with and when, what was spoken about.

    I'd suggest going to a solicitor as a last resort. Once you get the legal team involved the costs go up for everybody.
  8. i'll put $100 on a spent profiler tooth.
  9. The above advice is pretty spot on.
    I'd write a letter explaining the circumstances and demanding the $.

    Don't involve solicitors yet. But do pm me with an email address and I'll reply with one to send the letter to for a review. (If you wish)....
  10. Those indentations are bad (dangerous) enough without running over something as well.
    Good luck with it all.
  11. Just to let everyone know, MRA(Vic) emailed senior management at Vic Roads today. Here is what has been pointed out and note the request made (photos show wet road and severe ruts):

  12. Thanks John.

    What Vicroads don't want is to be held legally liable for a poor road condition that might lead to them personally being held responsible. My experience of the MCIU is that they go after Vicroads with a vengeance when they have to deal with a totally preventable accident.
  13. Agree Cejay,

    I certainly would like to go after someone over this. But, the problem is that it is very difficult to prove.

    Their argument will always be that - rider must be careful.

    Guys - if you can put the word around and get people to email me their stories, then I may be able to build a case.

    email me at president@mraa.org.au

    I'm going to wait a few days - to see if I get a response - then will aim to take it to the media....

    In the meantime, if anyone else wants to raise it with the media - be my guest.
  14. john,
    can you please include me in the loop with pictures of this practice.
    as you may know, i represent a large multinational infrastructure company as part of the Executive Committee for The Australian Asphalt Pavement Association.
    We deal with improving poor work practice industry wide, and also improving good work practice.

    joel dot nicholls at downerediworks dot com dot au.

    A part of our business is profiling roads, which is done prior to some surfacing practices, and also done in order to aid in drainage of water from concrete highways. there is only one correct way to do it, and if it is left in any manner that may be dangerous to the public, appropriate traffic control plans and aftercare are meant to be implemented.
    I also work for southern region, which starts at Port Melbourne (head office) and covers up in to southern NSW to Wollongong. We are the largest infrastructure company on this side of oz, and there is a good chance that we would have been contracted in to do some, or all, of the works. obviously ultimate liability lays with the project management mob, but it would certainly disappoint me if it was our operators leaving the road in a dangerous condition after treatment.
  15. I've sent you the pictures Joel,
    they are a bit too big to post on NR.
  16. received, and forwarded on to some boffins.
    can you gimme a google map of the approx location, so i can do some internal investigation.
    I just logged remotely in to Matrix, and can see that we have been doing some AC overlays for VicRoads, but as it is sub-contract, it doesnt specify an exact location. if it is our, i will get on to the Surfacing Manager down there for a please explain.
    to my eyes, it looks like they have tried to remove lines, or maybe some some bleeding areas of seal in the wheelpaths?? though in pic 1 there is a fresh AC patch to the right. it looks very interesting/worrying.
    if it was removal of bleeding areas of seal, there are much, much better options available.
  17. You can view the two photos Here.
  18. It's bad enough in a car. I'd avoid these like the plague on a bike, which is a damn sight easier said than done when it's raining and dark.
  19. Those ruts are horrible. They make it difficult to keep a car moving straight while keeping to the lane. I haven't been unfortunate enough to hit them on the bike but they sure made things very interesting in the commodore.
  20. it was a vicroads project, and as far as i understand we were not involved in the line removal.
    what is the speed limit along there? i have no recollection from when i was down there last. and is there any signage at all like "Road Hazard Ahead", "Uneven Surface" or similar?
    they can get away with it, if it is under a 60km/h TCP, assuming there will be an overlay (or other resurfacing) shortly. but if it is posing a genuine hazard (which it sure looks like it is) then they have their arses hanging out, and should do something about it.
    it will be interesting to see if i make any waves from my end :)

    it would be really unfortunate, if the MRA was able to get direct email adresses for the Vicroads road maintenance manager, Victoria. if only i had it ;)