"Mud On Road" Two crashes in one week due to abismal conditions

[Yukiko]

Hi guys,

 

The O/H was riding to work on his moped this evening down Twenty Pence Road in Cambridgeshire when he's slid and come off of the bike at around 20mph (NSL zone).

 

The local farmer has been ridiculous with the amount of mud he's left on the road, with road markings and "cats eyes" being completely obscured in places.

 

The police are in regular attendance as more and more people have accidents and so on, and have tonight enlisted the help of the Highways Agency to make the road safe again, until tomorrow .

 

My partner has come off of his bike twice in three days now, the first time being taken to A&E at Addenbrookes Hospital for possible head injuries and broken knee (Was just badly bruised - Was told best to check as M/C accidents can often be harmful). The bike is now in an unrideable condition along with his helmet and gear being damaged too. He doesn't wish to enlist the assistance of his TPFT insurance as he's 3 weeks from No Claims Discount, so we're both wondering what the best course of action is?

 

I've telephoned the Police regarding this issue and reported it, and Scott has reported his accidents and the reasons to the police. They are having words with the farmer who is presently saying "It's not my fault, I've cleaned it once*).

 

*Cleaned being taken a trailor full of water and dumped it on the road without any attempt to clear the road surface. The HA have been doing the job for him when people have been having accidents with a Telehandler with brushes on the end.

 

Can anyone please help?

 

Regards,

 

Yukiko

[citizenkain]

I used to drive excavators and tractors on the road,

obviously the driver of the vehicle is responsible for cleaning the tyres of the vehicle and making it fit for driving on the road,

most of them dont,

if the farmer is working in a field he should have equipment to clean the tyres and make the vehicle roadworthy,

 

a resposible farmer will have a jet washer near where the off road vehicle is going on to the road,

most of them dont,

they just come off the field on to the public highway when no one is around and accelerate away,

 

this sprays the mud all over the road,

 

its not up to the farmer to say the road is clean,

 

hes cleaned it once

,he should be keeping it clean all the time,

 

they dont want to do it cos its a bother

 

,the police should be checking the tracks of mud,

 

what fields the tacks come out of,

 

whos field it is etc,

 

its the farmer who should be paying compensation for any damage to vehicles

[scaniaman]

What on earth are the police playing at? It's an offence under the RTA to mess up a road to the extent that it is causing accidents. Insist that you are able to speak to a senior police officer (perhaps head of traffic) and get a report number. Submit this with your claim to your insurance and let them take it up with farmers insurance.

The farmer should have cleaning machinery on site---this may consist of tractor pulling a set of rotary brushes which takes the worst of mud off road. Depending on the level of polution should dictate the number of times the road requires cleaning. If soiling is exceptionally heavy, then farmer should have people shovelling the worst of the mud away after each load leaves the field. At the very least the farmer should erect signs on approach to field warning drivers of the danger of mud on road. In most cases it is not economic or practical to have in field cleaning facilities.

THIS IS THE FARMERS RESPONSIBILITY.

[MikeG1944]

Due to the number of accidents and deaths on the roads due to mud being dragged from the fields onto the roads by some inconsiderate tractor drivers who consider it either too much bother to clean their tyres or just don't care, an e-petition have been started. If we get enough signatures it will have to be discussed in Parliament with the hope that local Police will be able to put a stop to it by enforcing the laws under the 1980 Highways Act or better still introducing new laws like those in Germany which force tractor drivers to jet wash their tyres before venturing on the highway. If you don't want to be one of the unfortunate people to get injured sliding off the road please sign the petition. PLEASE PASS ON THE LINK TO THE PETITION ON ALL YOUR SOCIAL MEDIA SITES.

 

epetitions.direct.gov.uk/petitions/57307

 

Sorry couldn't post complete link as not enough posts to qualify.

[scaniaman]

The rules already exist under the RTA. Getting them enforced is an entirely different matter.

[Kiki1]

My partner has come off of his bike twice in three days now, .....

 

 

so we're both wondering what the best course of action is?

 

A trip back to the hospital to check for concussion resulting in amnesia.

[Yukiko]

Not fair at all Kiki1.

 

We have little choice on what roads to use around here. We have even less choice on what we use on the road in these times (A Scooter is as good as a Mercedes if it gets you to work and back).

 

The police have given us the land owners details and therefore a prosecution is being sought. The solicitors have also visited today and have signed the papers etc to bring a civil case against this landowner. All is looking well so far, I will post pictures up to show the extent of the problem.

 

All is looking well at the moment however.

[citizenkain]

well,good luck to you,if some farmer is using a tractor in a field they should clean it off before going on the public highway,too many of them dont

[raydetinu]

take farmer to court and sue for compensation.

[citizenkain]

yeah,take plenty of pictures as well

[scaniaman]

I refer to my post 3. Am i missing something?

Why are the polis not charging the farmer under the RTA?

If you make a claim under your insurance it should not affect your NCD as it's the farmers insurance who would have to pay claim.

The fact that this problem has been reported to police, your insurance should have no bother claiming on your behalf.

I can tell you through experience, that going down the legal route can be full of pitfalls and may result in heavy expendature by your selves. Be VERY wary on this action.

[MikeG1944]

Letting your Insurance company get the money from the Farmer's insurance (usually the NFU) is the cheapest way but not necessarily the quickest way.

Many years ago my son had an accident due to mud on the road and ended up in a ditch. Fortunately he and his passenger were not injured. The Police were called who then slowed down the traffic, as the mud was in large chunks (some nearly the size of footballs). In turn they called out the council to clear the road; all at past 11pm at night. It took just over 3 years for the farmer and his insurers to admit liability and for my son to get back his insurance excess and charges (over £350). Why I don't know as it was plain to see where the mud had been dragged from the nearby field. Farmers will go to any lengths not to admit liability as some see it as their right to dump mud on roads with no comeback.

[zumbanikki]

I refer to my post 3. Am i missing something?

Why are the polis not charging the farmer under the RTA?

If you make a claim under your insurance it should not affect your NCD as it's the farmers insurance who would have to pay claim.

The fact that this problem has been reported to police, your insurance should have no bother claiming on your behalf.

I can tell you through experience, that going down the legal route can be full of pitfalls and may result in heavy expendature by your selves. Be VERY wary on this action.

 

 

 

while it wont affect his no claims his insurance will go up next time has he will be classed as a greater risk.

[scaniaman]

That would have to be part of his claim.

The latest tv adverts for the NFU claim to settle claims quickly.???????

[MikeG1944]

That would have to be part of his claim.

The latest tv adverts for the NFU claim to settle claims quickly.???????

 

Perhaps when the farmers claim but maybe not when others claim against the farmers.

[Yukiko]

Right - Progress...

 

Sorry for the lack of updates!

 

The Police/CPS have decided not to pursue prosecution against the farmer due to lack of evidence and I've enlisted the services of a solicitor to commence proceedings against the offender. The solicitor has given us a conditional arrangement (Basically no win, no fee) with a fair Win/Fee ratio.

The farmers insurer has bought an Occupational Theropist in to assess his condition and further X-Rays/MRI scans have revealed 5 broken vertibre. The OT has bought the O/H a stool for washing up/cooking as he can't stand for a length of time and also some tools for effective personal hygeine (Long armed back scrubber etc)...

OT has also said that there's a good chance of getting driving lessons as O/H wouldn't be able to ride a motorcycle again and hasn't got a car license (This isn't guaranteed, although it's been put to the farmers insurer).

So, that's how far it's gone so far, I'm in the process of writing a letter to the CPS to ask them to review their position on the matter, given the fact that there's 10 pictures of the scene and the highways agency had to close the road to make it safe, although farmers and police seem to be in it together nowadays... I didn't believe in two tier justice until recently!

[scaniaman]

If it were me, I would be asking my MP to ascertain from CPS just what more evidence they require----this situation simply stinks.

[MikeG1944]

In addition to the injuries suffered in these accidents

 

the Council has to spend our money on clearing the roads up to make them safe.

 

I asked for a Freedom of Information request and it appears that the Council in Cambridgeshire in 2013 were called out 16 times

to clear mud left on the roads at an average cost of around £1000 a time.

 

That's £16,000 that could have been spent on more important projects. What a waste!

 

 

Pity those responsible are not fined to recoup the cost,

 

but there seems to be no incentive to do that unfortunately.

 

Just why do CPS consider they need more information?

 

They can see clearly where the mud comes from and can easily find out who owns the field.

 

They seem to think a good rapport with the local farmers is more important than getting recompense for those who are injured, however serious the case may be.

[citizenkain]

it is definitely out of order,if you leave the public road in a dangerous condition you should be sorting it or paying for it to be sorted.

[scaniaman]

See my post 3 (14/11/2013). This is an offence under the RTA. If police won't take action, then write to your Chief Constable and ask why---copy letter to your MP and make sure this is marked on your letter.

They are just hoping that you will go away----but don't.

[Sickasaparrot]

A few years back a farmer was prosecuted for leaving mud on Twentypence Rd. I don't recall the details but if he's the same one you have a precedent.