Cyclist Wins Payout after Collision with Temporary Road Sign
A cyclist who rode into a temporary road sign has received £5,000 in compensation from Borough of Poole Council.
The incident occurred on the 14th August 2007 at approximately 5:15 am, when Roger Excell, a machine engraver from Bournemouth, was riding along the cycle path on Canford Way in Poole. Mr Excell was travelling to work at the time and, despite his bike being equipped with a strong and fully functioning headlamp, he did not see an obstacle in his path until it was too late. The obstacle was later identified as a road sign, which was facing the direction in which Mr Excell was travelling.
Stumbling over the road sign, Mr Excell was knocked unconscious and received a severe flesh wound to his elbow. The force of the impact and subsequent fall also resulted in Mr Excell’s helmet being split apart. Last month, medical solicitors at Bournemouth County Court ruled in favour of Mr Excell, granting him £5,000 in damages. Borough of Poole Council was also ordered to pay costs of £8,099.
Mr Excell said: “The money side of it doesn’t really bother me. I just wanted Poole Council to be punished by the court and the judge made it extremely clear that they have to protect cyclists and other path users.
“I spent a day in hospital, three weeks on a zimmer frame and 10 weeks using walking sticks. I also had to have a brain scan. I was off work for a week. My wife, who is disabled, had to wash me and do all the shopping, which put her through pain and discomfort.”
A Personal injury claim can be brought against councils and highways agencies after accidents on roads, pavements and cycle paths. In the present case, Borough of Poole Council erred by failing to ensure the cycle path was safe for cyclists and other road users. Temporary road signs are designed using reflective surfaces to warn motorists, pedestrians and cyclists of hazards. Unfortunately, the back of a temporary road sign provides no such warning; indeed, it is designed simply to hold up the sign. By placing the sign in the path of cyclists and failing to ensure that it faced the flow of traffic, Borough of Poole Council acted negligently.
Mr Excell had little time to react to the obstacle when it was spotted in his headlamp. Borough of Poole Council ought to be relieved that Mr Excell was not more seriously injured in the accident, as he might have swerved into traffic to avoid the poorly positioned road sign.
I am glad the guy got compensated, who would put a sign in the middle of a biking lane anyways?
Who signed off on a sign in the middle of a bike path? Especially not facing the flow of traffic.
What did the sign say?
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