Can I sue?

[marsmanb]

Hello All

 

I had MTB accident while driving next to the road. There was a huge ditch (which you cant see until you are about to ride into it) and its about half a meter deep. I pulled on the brakes at 35km/h, went over the handle bars and head first into the hole. I broke 3 ribs and had to be hospitalized for 4 days of which 3 days was in high care, because i hurt my lungs and there were fluid in them.

 

Needles to say my helmut and clothes are ruined. Dont know what the damage on the bike is yet, just know the sadle is bent and there is scratch marks all over.

 

Just want to know if I can claim and what I need to do

 

Thank you

[splat]

Who would you hold responsible ?

i.e. who are you going to sue?

[Tubehunter]

I'm presuming you intend taking from the RAF??

[Caerus]

Who would you hold responsible ?

i.e. who are you going to sue?

 

The people that dug the ditch perhaps, the people that didn't cordon off the ditch or put up some sort of warning or signage.

[rouxtjie]

I take it you dont have medical aid and your bike is not insured?

[Edge_Design]

You were next to the road, don't think anyone is responsible for maintaining every piece of land you might possibly consider cycling on... Unfortunately count it as very bad luck and go a bit slower when it's the first time you're on a route so you can see where the obstacles are (my opinion only, people get claims through for incredible things so you might have a chance if you want to go that route). Insurance (both medical and bike) would be a good starting point for your claim though.

Edited March 14, 2011 by Edge_Design

[ZakAttak]

The people that dug the ditch perhaps, the people that didn't cordon off the ditch or put up some sort of warning or signage.

 

 

You can claim from the Road Accident Fund.... Contact them and find out what the procedure is, they'll claim back from the responsible people/persons.....

[ronniebuis]

Hey Bud - sorry to hear about your prang - at least you live to tell the tale. Coulda easily broken your neck / back and been paralysed or even died. Get better soon.

As to claiming, that is going to be interesting. Many factors will come into play and I'd suggest proper legal advice. Common sense asks 1) were you riding on a pavement ? 2) how did the trench come about (manmade ? civils work ?) 3) if manmade, who made it ?, for what reason ? and most importantly 4) why was it not demarcated / barricaded off ?

You got some fun coming your way I fear. Best of luck.

PS Get some pics ASAP. If someone suddenly comes along and barricades it or fills it, they (whoever) are admitting it is a problem. My daughter broke a wheel in a pothole in Jhb. Took pics immediately. That afternoon the pothole was nowhere to be seen. More pics and the Municipality had to pay her out.

Edited March 14, 2011 by ronniebuis

[Caerus]

You were next to the road, don't think anyone is responsible for maintaining every piece of land you might possibly consider cycling on... Unfortunately count it as very bad luck and go a bit slower when it's the first time you're on a route so you can see where the obstacles are (my opinion only, people get claims through for incredible things so you might have a chance if you want to go that route). Insurance (both medical and bike) would be a good starting point for your claim though.

 

 

If someone has dug a hole, even on private land and you fall into it, they are responsible for it. Even if you are tresspassing, Someone has to be responsible in this case.

[Tumbleweed]

You can claim from the Road Accident Fund.... Contact them and find out what the procedure is, they'll claim back from the responsible people/persons.....

 

Maybe it'd be better to consult a RAF specialist lawyer?

[FrancoisC]

Hello All

 

I had MTB accident while driving next to the road. There was a huge ditch (which you cant see until you are about to ride into it) and its about half a meter deep. I pulled on the brakes at 35km/h, went over the handle bars and head first into the hole. I broke 3 ribs and had to be hospitalized for 4 days of which 3 days was in high care, because i hurt my lungs and there were fluid in them.

 

Needles to say my helmut and clothes are ruined. Dont know what the damage on the bike is yet, just know the sadle is bent and there is scratch marks all over.

 

Just want to know if I can claim and what I need to do

 

Thank you

Dude, no offense, but where were you looking?

[Aero GSA]

I dont know if this incident would relate to mine. I drove over a badly repaired roadwork that damaged my tyres and rims to my vehicle. Took photos of damage and scene and contacted the Durban municipality claims department. You must take pics of damage and scene and also try proove that there was no warning of the hazard (roadworks boards etc etc). If it was on a road section (not pavement or off the road) then you have a pretty good case.

I have claimed twice and both times they paid me out, but I had to prove that that they were negligent.

[TNT1]

making personal attacks

 

 

That, my friend, is thehub way...

[fandacious]

That, my friend, is thehub way...

 

**** you, tjop

 

BTW - if you do something stupid, then ask a stupid question, is everyone else a **** for calling you stupid?

[TNT1]

**** you, tjop

 

BTW - if you do something stupid, then ask a stupid question, is everyone else a **** for calling you stupid?

 

I'm reporting this post

 

Wait, did you call me stupid or a ****?

[fandacious]

I'm reporting this post

 

Wait, did you call me stupid or a ****?

 

yes