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if i hit an unmarked traffic island which damages my car surely someone is liable...


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How did it happen, when (at night/during the day)?

 

One assumes that the traffic island was in the middle of the road and you somehow managed to strike it?

 

More details needed please.

Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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here is the road island in question.

 

http://yfrog.com/5kroadislandj

 

it was night and when i pulled over and started to inspect the damage a guy came out of one of the houses you can see, i asked him if many people hit it and he told me i was the 4th person this week. I had to call the RAC and the resulting damage was a buckled wheel and a bent strut. the upshot is had the load island had a marker on it i would have seen it.

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Why didn't you see it?

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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I actually sympothise with the OP on this. If you note from the pic, there are no street lights and these new keep left markers boards are not the ideal thing to have in such a location IMHO. Not far from where I live the LA have installed traffic lights at a busy T-junction at a rural location where there is no street lighting using these marker boards which cannot be seen when approaching from a 'side-on'- direction as they are flat. The boards are positioned on the central traffic light refuge of the road leading off the junction so when you are turning right, you cannot see the refuge in the dark as obviously your headlights are not 'aiming' at them so they are totally inappropiate comapred to the old square illuminated 'keep-left' bollard. I'm not sure what the Department Of Transport regs say about this type of thing but when I get time, I will have a look into it. They are also not much good in poor visabilty such as heavy rain or fog.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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for the damage done to my car?? the council?? the highways agency?? i went back a few weeks later and a marker had been erected above it, do i have a case?

 

I actually sympothise with the OP on this. If you note from the pic, there are no street lights and these new keep left markers boards are not the ideal thing to have in such a location IMHO. Not far from where I live the LA have installed traffic lights at a busy T-junction at a rural location where there is no street lighting using these marker boards which cannot be seen when approaching from a 'side-on'- direction as they are flat.

 

It think the OP is implying that not even thes new style flat boards were positioned there when he struck the island.

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:wave:

 

 

 

 

Hatch markings are clear. If you could not see an island, what chance did a pedestrian without a big flourescent arrow saying 'PEDESTRIAN IN ROAD' have?

 

Sorry, but should have gone to specsavers.

 

 

 

 

Quite agree with Dragons Dennis

 

The 'PEDESTRIAN Island' in the picture looks quite old Plus there is an automatic speed sign and road marking for children (presume nearby school), I would also assume it is an accident black spot.

 

With so many vehicle's hitting the Island it must de cheaper to erect new flat signs, possibly when you hit the Island the signs had not been repaired/replaced from the last "HIT".

 

 

:wave:

 

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

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:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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SS, I can certainly sympathise but it's clear enough. It's not exactly like someone wearing dark clothing moving around in the middle of the road in the dark. It's a large bollard which is still. You shouldn't be driving that close to the middle of the road and if it is too dark to see you should be driving with headlights.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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I think you might well have a case as I know of a similar situation in Shropshire. The cross hatching ends at the island which then has no reflective markings around the base. The islands are bad enough to see in daylight let alone during the day. With this stretch of road after a month the council came back and moved the continuous white line to the left further out but the island base is still not marked. Is the island actually lit or just have reflector arrows and are there any speed notices before and after?

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SS, I can certainly sympathise but it's clear enough. It's not exactly like someone wearing dark clothing moving around in the middle of the road in the dark. It's a large bollard which is still. You shouldn't be driving that close to the middle of the road and if it is too dark to see you should be driving with headlights.

 

I dis-agree on both counts. On an un-lit road such as this, the refuge should have illuminated bollards on it IMHO. The road does not look that wide and what if you were overtaking a cyclist in the dark when it was rainig or something?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I think looking at the pics supplied it might be a good idea to drop this one like a heavy stone. it's clearly marked and has markings on the base. Not only this it has markings about kids crossing but is lit as well. Even if it wasn't lit, as can happen, the base is reflective.

 

Can't beleive you hit it given the markings.

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:wave:

 

 

 

:tsk:

 

The road does not look that wide and what if you were overtaking a cyclist in the dark when it was rainig or something?

 

 

 

 

 

:mmph:

 

 

The width of the road I assume would comply to regs.

"what if you were overtaking a cyclist in the dark when it was rainig or something?"

would that then be classed as not driving within the road conditions,

secondly you could well enough to spot the cyclist and while you were in the overtaking positition your headdlights would iluminate crossing Island.

 

:mod: all above is just supposed :mod:

 

The OP apart from it being umarked does not state any other reason ie: raining, overtaking etc which answers his own question "surely someone is liable" :sorry: HIMSELF.

 

 

:wave:

 

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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