Advice on the accident

[slall]

I had an accident with a lorry around crossroads. I was going straight and the lorry came and hit me from right hand side of the driver. There were giveaway say for me to stop but because the location of the sign was not clear I didn’t see the sign. There should have been a stop sign cause that would have given better message and it clear to see stop sign because it’s red in colour rather than giveaway. The hedges were so high that I couldn’t see the truck coming from right until it was too late. A week before my accident took place, there a similar case but the outcome was less critical. I have got broken collar bone, pain on my knees and minor scar on my nose. I am not sure who the case will be against but I blame the road signs and hedges. If you click on this article (http://www.nwemail.co.uk/news/viewarticle.aspx?id=81224 7) you will probably get more idea on what happened and if I got a valid case or not. I hope to hear from you soon.

Thank you

[Chesterexpress]

Sorry to hear of your accident and hope that you make a full recovery. However you can't blame the accident on the fact that it is a give way sign and not a stop sign. Therefore as it appears that you failed to "give way" you are responsible for it and could in fact be prosecuted.

[JonCris]

If you can prove (usually via photos) that the responsible authority failed to maintain the sign by ensuring it was visible to road users then you do have a case in civil law

In addition whilst you probably would not have any motoring case dismissed you can use any such failure in mitigation

If hidden by foliage it's important to identify the type as they all have differing growing periods or times when they may be foliage free.

Some plants can take years to reach a level where they obscure traffic signs & if it's the case that will be an indication of a lack of proper maintenance by the authorities

If the vegetation responsible is on private property then the authority, in order to fulfil it's duty, is required to serve an enforcement notice on the land owner

Of course this all assumes the obstruction has been there for some time months rather then weeks. Sufficient time for the council to have completed one of their regular road maintenance inspections

[JonCris]

Read this slall

Institute of Advanced Motorists | 2005 | Overgrown Road Signs Endanger Drivers, Walkers and Riders

[slall]

do reckon i have got a valid case or not? i am not sure just need advice

[JonCris]

I've already answered you...........in detail.....you may have if you can prove negligence on the part of the Highways Authority.......but certainly not against the other driver who is after all the victim in this nor is there any guarantee that you won't be prosecuted

[Chesterexpress]

Just looking on google maps and looks quite a clear junction and big "Give Way" markings on the road. Also were you aware of the accident that was reported the previous week prior to you having your accident?

[johnhowell]

Slall,

Traffic Sign "STOP" has to be specifically approved by the regional office of the Department of Transport, where as "GIVE WAY" does not. The use of "STOP" has to be restricted to those junctions with 'dangerous' layouts or restrictive visibility at the junction line.

The GIVE WAY sign is the last item installed at a junction. The least item is the double line of white lines across the approaching lane. After that, if required, a white GIVE WAY triangle is installed. Only after those two items installed are signs installed where required.

John