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Worth chasing up the council? Injured arm, can’t sleep...

I fell off my bike around September last year cycling back from somewhere. I hit an old train unused train track in the road which crosses the bike line at a really tight angle and due to it being an old train line it was a good few inches deep.  My front tyre got wedged and I slipped off and went flying off my bike.

I fell on my right arm and it hasn’t been quite right since.

Since then I haven’t slept properly due to ongoing pain in my right arm, not been able to go to gym again due to pain in my arm and have put on about 3 stone in weight....

Is it worth pursuing the council to see if they can help me out or even to fix this bit of road properly?

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5 comments

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turboprannet | 6 years ago
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It is worth reporting it but also consulting a solicitor. You've got lasting damage and you need to legally and medically see to it before it becomes a long term problem.

The weight gain is in your hands though and I'm speaking as someone who had a catastrophic pothole crash last year and put a similar amount of weight on, similar long term problems, constant medication etc. This sort of thing can really affect your mental health and lead you to make poor choices in eating and lifestyle. I can't ride long distances anymore/yet, having to do it all with diet and some gym work.

There are plenty of no-win-no-fee firms with cycling experience that can help and approaching them can spur the council to make changes to the road (which happened with where I crashed)

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Dnnnnnn replied to turboprannet | 6 years ago
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turboprannet wrote:

consulting a solicitor

This. There are plenty armchair experts on here (myself included sometimes), and some of them might even right but you need good legal advice.

I (speaking as an armchair expert) suspect that the trick will be to prove that the council failed in its legal duties to maintain a safe highway AND that your injury is a result of their failure and not any lack of attention or competence on your own part. But a good solicitor will be able to tell you what you need to provide to build a good case.

Do a bit of research to establish the experts in the field, and don't be afraid to consult more than one in the first instance.

Finally, and for everyone else who hasn't yet encountered such mistfortune, this is as good a reason as any to pay your CUK or BC subs and get access to good legal advice through that.

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henryb | 6 years ago
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I think you should report it, if only to make the council fix it and prevent other cyclists from coming off in the same way that you did. It's unlikely you'll get anything else out of the council.

You may have damaged something in your arm (muscle or ligament tearing, for example) which can be painful. If you haven't done so already, get your GP to refer you to the local physiotherapy service for an assessment.

 

 

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LastBoyScout | 6 years ago
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You can try, but, as you didn't report it at the time and have no witnesses, you'll be very lucky to get anywhere.

Unless you've got something like a Strava trace that shows you suddenly stopping at that point.

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brooksby | 6 years ago
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"Yes" for "fixing the road"; "you'll be lucky" for them "helping you out".

Hope you get better soon.

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