Just had a accident on the FZR250R today around 12:50-1pm. It occured at the roundabout where Rockdale Plaza Dr. intersects with Harrow Rd. I was going uphill so I was not going fast at all, between 20-35km/h I had on the speedo when I entered the roundabout. As I turned up into Harrow Rd the bike slid out and took me with it. My right leg protected the bike from the initial impact, but then I managed to slid my leg out and let go of the bike which slid for a few metres where it eventually stoped when it hit the curb on the left. The whole side fairing is badly scratched up with quite a few chips, front fairing is scratched and the side of it is broken, where the mirror is. The exhaust braces have also been ripped off and and whole chunk off the wndscreen broke off too. Luckily the damage to me is only minor, was wearing full gear, except my jeans which got ripped and me knee got graised. During this whole time I had a car behind me. The guy saw the whole thing. He parked and helped me out and said he saw the whole thing. As I said he said I did nothing wrong, entered the roundabout at the correct speed and took the slight turn easily. The thing is though that he had an accident on his R1 there as well, exact same spot and showed me the scars on his arms and said that his bike was a write-off. I've got his details and he's agreed to be my witness. By now you must wonder where the sand came from. Well I can tell you one thing, its not storm run off since as I mentioned this roundabout is on a slope or a hill, so all (or most) run off would have been carried down the street. But guess what, right next to the roundabout is a business called Soil 'n Stuff. I regularly drive through this area on the way to Uni, and every time I am there there's tons of trucks going in and out with sand and dirt escaping from their vehicles onto the road. My witness says he also regularly travels through there and sees the same thing. As you can see on the photo's there is tons of sand exactly where I crashed. So what I wanted to ask of you guys with any legal experience is, what can I do in a situation like this? I have already contacted legal advice who told me I can either write a letter of demand to the company (Soil 'n Stuff) or to my local council (since they are responsible for maintaing the road). Is this what I should do? Whom should I put the blame on for the road surface, council or company? Anything else I can do? Can everyone in general also let me know if they have had an accident in that area, or know of anyone who as? Where it occured: Photos available at: <!-- m --><a class="postlink" href="http://home.exetel.com.au/ajak">http://home.exetel.com.au/ajak</a><!-- m -->
Gday bro, sorry to hear bout your accident and glad to hear your ok. I donbt have legal expereince here myself but coz i see some stuff like this workin in insurance might be able to offer some directions. Firstly write to the council, advise them of the traffic hazard, its partly their responisbility to ensure the roads are safe. Advise that you maybe seeking compensation but councils have fat pockets and for the heartache maybe not worth the bother seeing your accidnt was relativeky minor. Anyhow, another option is to go to the RTA i think they are called in NSW (im in melb) and advise them again of the hazrd and your demands to be compensated. Thirdly, shake up the business with a stern well worded letter, i have a few examples which i can knock up for ya from work, telling them of the danger they are causing to road users and their professional negligence of the community. I had somethign similar happen where there was a traffic island and the council had removed the"keep left" sign which kinda reflects in the dark. Anyhow, with rain, and night conditions, hit the island and cracked my sump, which in tun ****** my engine coz the lights didnt come on to say there was a drop in oil pressure. couldnt even see the oil drip out when i stopped the car because it wa so dark and the whole so big the oil just dumped out.Council said they removed it coz it was a hazard..ironic? i got nothin, and people still run into that fuckin island now. Anyhow, as mad mick will tellyou, councils and RTA are more likely to point fingers than offer solutions. But i think the best plan might be to get the RTA and council onto the back of the company and hassle them. it gives your claim more credibility and the council/RTA maybe more willing to support you if your not looking to fight them. But like i said before, be prepared for a **** fight because a claim like this would set a precdent for further claims against the "soil n ****" company, but hey, thats not your problem, right!?. <!-- s --><img src="{SMILIES_PATH}/icon_cool.gif" alt="" title="Cool" /><!-- s --> In summary, get the council/RTA on your side and take on the compnay. i think that may be your best chance.Best of luck bro, if you need anythin else just holla <!-- s --><img src="{SMILIES_PATH}/icon_biggrin.gif" alt="" title="Very Happy" /><!-- s --> Keep us posted, im sure we'll all help however we can
Glad to hear that you are ok! Bikes can always be repaired or replaced, people can't... I don't know about the legalities at all. What sandog said sounds good. I would also suggest checking out the 'aus.legal' newsgroup . Apparently they love cases like this, and will debate the actual rules and laws and who is responsible. Netrider may also have some riders with more experience of this sort.
Just had a look at your pics - doesn't seem as bad as you described. Certainly need a new windscreen and indicator, but most of the other stuff seems repairable. Just some light-grit sandpaper and some matched paint and you should be in business. I am not sure about the front fairing part that is sticking up though... Oh - and I couldn't see your exhaust well enough for comment... hopefully you can just replace the braces.
Sorry to here about your bike mate. Ive got no idea about law so unfortunetly cant help u out...but what sanddog said seems pretty good. Is RTA like vicroads in vic? My old man came off on a freeway about 6 months ago in the wet. He hit a oil patch in the middle of the road and went down in a straight line. He wrote to vicroads and they actually sent a letter back admitting fault. Though he didn't take it to court coz he cbf. His insurance paid up etc anyway. But yeah, pretty positive he could have gotten compensation if he chose to.
hey ajak, sorry to hear about your stck mate. at least you're ok. did you cut and paste this post into the ORS one you wrote? <!-- s:lol: --><img src="{SMILIES_PATH}/icon_lol.gif" alt=":lol:" title="Laughing" /><!-- s:lol: --> I'd love to offer advice, but i have no experience in this sort of law. This would be civil law and not criminal law, so i have no idea. IMO (civilly speaking) it is the companys fault, in fact i am pretty sure it's a criminal offence to allow **** to fall out of a truck and onto the roads etc, because of things like this happening. but the fact that you will be challenging a company may mean it is going to cost more money to you than it's worth. I would just write a few sternly worded letters to them demanding compensation. Oh and the idea about getting the Council and RTA on your side, good idea, whatever you do don't let them become pissed at you and team up with the company. Plus it's not really their fault. good luck mate. (ps is your bike still rideable?)
Insurance on fzr's are so expensive...unless your like over 25 I guess..they wanted 1,400 for full comp for me the bastards!
holy cow!! mine is fully insured for just over $200 a year... one good thing about getting old i suppose <!-- s --><img src="{SMILIES_PATH}/icon_smile.gif" alt="" title="Smile" /><!-- s -->
gee tanya, that just makes me wonder how old you must be <!-- s:roll: --><img src="{SMILIES_PATH}/icon_roll.gif" alt=":roll:" title="Rolling LoL" /><!-- s:roll: --> but yeah, good point made by greeny bout not lettin the RTA and council get shitty at you. stay on side with them and im sure that even if your not compensated because of the time and trouble involved, that the company will be more wary and clean up their act (geddit??....not funny i know) so that at least in future it'll be alright on that section of road
Good to hear your OK dude, at least you know the reason for the fall. And know need to work out how you can get some form of compensation. As the others said getting the RTA and Council help would be heaps good, as it is their responbility to help keep the roads suitable for drivers of all sorts. Any accident you can walk and ride away from is a good one I reckon! Hope you can get some sort of compensation for the bike dude!
Congrats on being ok. Bad luck about the bike. That round-about looks damn dangerous man. Definitely the best course of action here. I have heard stories about councils being extremely helpful when you want to blame someone other than them. I think it's sort of like VicRoads and the TAC rolled into one...
