railings on corner of a road

[tifo]

I don't know where to ask this so am doing it here as it concerns the Council.

 

Is the council responsible for ensuring that a railing is fixed to the corner of a footpath near a school in case a car has an accident?

 

Basically, i was a pedestrian on a footpath corner on a road from the school to the main road. I would think that, with the number of children walking past this corner on the way to school (the only way), the council would have the sense to install some railings in case a car comes on the footpath (as it did for me).

 

Anyway, a car skidded on ice/slush while turning left in that junction and came onto the footpath, hitting a car at the give-way, then a parked car and then hit me from the back, as i was walking downhill. I was thrown some yards away and impacted my left side (arm/legs). The occupants of the first hit car are witnesses, as may be the school CCTV.

 

The car stopped between the parked car and the wall, in the middle of the footpath.

 

I'm now doing a claim for personal injury against the owner of the accident causing car and am wondering if i have any claim against the council also? Had there been a railing on that corner, it would have stopped the car and hence injury to myself and this can potentially happen again to others, including all children (and mine) who walk there every Monday-Friday (except school holidays of course). Also, was it the council's responsibility to grit the school road and path as it is private council land? I was going to write and complain about the lack of a railing anyway in a dangerous location, just to advice them.

 

This happened a few days ago and the main road has a steep gradient so i was slowly walking downhill on frozen ice/slush.

 

This is causing me sleepless nights because, had i been hit some seconds earlier, it would have been me first then the parked car or, even worse, had there not been a parked car then i would have been mowed down because there was nothing to stop the accident causing car except the next parked car. Then there is the injury to my back/neck and of course the left arm and leg. I may have to take time off work and i have some contracts to finish off which i may now lose. More than that though, i can't get the thought out of my head that i came close to very very serious injury and it's affecting me a lot, though as it's only a few days ago i may get over it soon.

 

The police came some time later and i provided them my personal details and got an incident number, though they did ask me why i want this. I told them it's for my claim and they commented i didn't seem injured. I don't think they can be the judge of that anyway as it's a medically based civil claim.

 

Advice please? I can post some pics later if it helps.

Edited December 6, 2008 by tifo

[fedup74]

Hi tifo, what a shock:eek: I can't believe the police said that to you- if it was a child, they would be under the wheels of the car. I can't offer any advice on laws, but I can tell you my grandad sued the council as he fell over in the ice and broke his arm. The council should have gritted the road and they never so they paid out. Let's face it, I'm not a weather forecaster but even I knew it was going to be icy so why didn't the council grit the roads. I haven't seen one gritter around here, last year they were out every night. I think the council do have a duty of care (my opinion) and I would certainly be writing to them in your case. Sorry I can't be of any more help. Hope you have a quick recovery. Good luck:)

[tifo]

Hi tifo, what a shock:eek: I can't believe the police said that to you- if it was a child, they would be under the wheels of the car.

 

Exactly, and the occupants of the first hit car thought that it was a kid when they came running to me. The (young) lady was diabetic and she suffered shock and stress from the accident and seeing someone hit (and her own car as well) which caused her sugar level to drop quickly and the ambulance later took her away with a drip. They said i seemed OK and to visit my doctor which i did yesterday. My left arm and leg muscles have been aching since that day.

 

I'd walked past there some minutes before to drop my own kids to school and my accident happened when i was walking back at around 9.10am, slowly downhill i may add as it was icy and slushy on the footpath.

 

Wrong place wrong time i suppose cos a minute here and there would have meant i wasn't hit.

[fedup74]

OMG:eek: this could have been so much worse, you must be in God's pocket (although I bet it didn't feel like that at the time!) As long as you have seen your Dr and it is documented. It doesn't matter that you "seemed ok", maybe you didn't have physical injuries evident but emotional ones are a whole different ball game- thinking about 'what ifs' will drive you mad. I would certainly write a letter to the council and see what their response is. You could always get a free half hour consultation with a solicitor who is an expert in that field. Hope you feel better soon:)

[tifo]

It doesn't matter that you "seemed ok", maybe you didn't have physical injuries evident but emotional ones are a whole different ball game- thinking about 'what ifs' will drive you mad.

 

You could always get a free half hour consultation with a solicitor who is an expert in that field.

 

Thanks for the support.

 

I know what you mean, the 'what if' has been affecting me for two days (accident happened on Thurs). I can't sleep at night thinking ... kids, home, family, etc ... what if? Could have been over in a second ...

 

I've already seen a solicitor friend (into personal injury claims) for advice and will see another one today.

 

I know the mental scars will take time to heal as well as the physical ones though i may 'seem' ok now. But honestly, i don't 'feel' OK.

[fedup74]

I think people tend to look at the physical side of things and they don't have a clue what is going on inside your head, physical injuries heal a lot quicker than mental injuries and are, at times, a lot less painful. I think the thing you need to remember is- Yes it could have been a whole lot worse, but it wasn't- I still have my family , I'm still here so you are blessed. Thinking about what could have happened will drive you mad (been there).