SA Entitled to Personal Injury Claim Against Council?

[Timothy90]

Hi,

About 30 days ago, I was riding my motorcycle as it started to rain. I was going around a corner and my motorcycle suddenly lost traction and caused my to crash. Upon doing this, my knee was severely damaged with my ankle completely torn and needing surgery to replace it and fully reconstruct my knee.

I went back to the corner today to have a look at what could have caused the accident and found that the council moved the centre white lines about 1-2m and did not remove the old lines (which were now in the middle of the road around the corner). I am now out of work due to my injuries for a minimum of 9 months.

I am wondering if I have a personal injury claim?

Thank you.

 

[Rod]

Quite likely, though have you tried the MAC?

Role of MAC | MAC

BTW take photos of the scene in case these lines disappear.

 

[Timothy90]

Yeah i took some photos today. (Not sure how to upload them here) and nah not to sure what MAC is.

 

[Rod]

Read the link i put up. And apply for compo through them.

 

[Timothy90]

Oh yep, I contacted them today and they told me that because nobody else was involved, I can't claim anything.

 

[Rod]

OK, then see a personal injury lawyer.

You may have a case but best taking the photos and you damages to a lawyer to look at.

 

[Graeme Kirkham - LawCall]

Hi,

About 30 days ago, I was riding my motorcycle as it started to rain. I was going around a corner and my motorcycle suddenly lost traction and caused my to crash. Upon doing this, my knee was severely damaged with my ankle completely torn and needing surgery to replace it and fully reconstruct my knee.

I went back to the corner today to have a look at what could have caused the accident and found that the council moved the centre white lines about 1-2m and did not remove the old lines (which were now in the middle of the road around the corner). I am now out of work due to my injuries for a minimum of 9 months.

I am wondering if I have a personal injury claim?

Thank you.

 

[Graeme Kirkham - LawCall]

Dear Timothy,

As it was a sole vehicle (motorcycle) accident, MAC would not cover it, in usual circumstances. You need to show another negligent road user in effect.

Having said that, councils, and other Road Authorities have a common law duty of care and may be liable in negligence.

I believe it is certainly worthwhile seeking legal advice. Legal action against councils, are common to experienced personal injury lawyers. Most also operate on a no win no fee basis.

Just remember, time limits apply (3 years in SA) and evidence gathering at an early stage is beneficial.

regards

Graeme