road debri

Civil liability
MASTOS
Posts: 1
Joined: Tue Sep 15, 2020 12:10 pm

road debri

Postby MASTOS » Tue Sep 15, 2020 12:20 pm

Today I was driving along a single lane road in the Knox council area and I ran over a brick on the road and it caused some serious damage, can I claim this on the council

Hardy
Site Admin
Posts: 8400
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: road debri

Postby Hardy » Tue Sep 15, 2020 3:47 pm

You can claim whatever you like, but won't recover anything at court unless you can prove they left the brick there when they knew it needed to be picked up and they had an obligation to do so.

Gravy
Posts: 1056
Joined: Thu Mar 21, 2013 9:25 am

Re: road debri

Postby Gravy » Wed Sep 16, 2020 10:10 am

Why would you think this is council's fault?

Claim on your own insurance and let them sort it out.

FarSur81
Posts: 22
Joined: Sun Dec 22, 2019 10:55 am

Re: road debri

Postby FarSur81 » Wed Nov 04, 2020 11:18 am

MASTOS wrote:Today I was driving along a single lane road in the Knox council area and I ran over a brick on the road and it caused some serious damage, can I claim this on the council

Firstly, my understanding of basic law is that your innocent UNTIL proven guilty. This means that YOU, as the prosecutor (or whatever its called) have to prove beyond all measures of reason, that the Council did something wrong.
Was the council told there was debris on the road, causing a traffic problem.
Were you being an observant driver, and judging the road conditions (or singing a song listening to the radio?)
How do you know it didn't fall off the back of some traddies vehicle?

Some months ago, I turned down a different road than normal, and noticed a massive hole in the road, and a chunk of debris sitting near by. I stopped, hazard lights on, waved at another car to stop, and walked onto the road, lifted this 8kg ish weight chunk of road and tossed it in a non grassed area.
After getting home, I informed the council of the hole, and where I threw the chunk as a warning to the road side slasher.
The driver I had inconvenienced was actually smiling and wave a thanks at me.

You would first have to PROVE who left the brick on the road. How it got there. The who in this case would be the driver of the vehicle, not the registered keeper. I have the same problem reported idiot drivers to crime stoppers. If I cannot identify the drive, crime stoppers ( and the police) are not interested as there is no person to issue a summons or ticket to

Gravy
Posts: 1056
Joined: Thu Mar 21, 2013 9:25 am

Re: road debri

Postby Gravy » Thu Nov 05, 2020 3:18 pm

FarSur, you seem to be confusing criminal and civil trials. There's no such thing as 'guilty' in a civil case, nor is there a prosecution. There is a plaintiff and defendant, and in certain jurisdictions an applicant and respondent. The standard of proof in civil litigation is the balance of probabilities, not beyond reasonable doubt.

One would not have to prove who left the brick on the road, but you might have to demonstrate that council knew about it and took an unreasonable amount of time to investigate and/or clear it. Mastos - The legislation is designed such that councils are not on the hook for any damage to a car caused by a defect or obstacle on the road; can you imagine how expensive your rates would be if every person who drove over a pothole or brick got a new wheel/tyre/bumper out of it? Especially if one car drives over a perfectly normal piece of road and opens up a pothole, then the car immediately behind drives into the pothole - how is council reasonably supposed to fix the road in that 2.4 seconds? Or even within 10 minutes? The council has to be notified and given a genuinely reasonable chance to inspect the problem then schedule and perform the works. In that context, 48 hours may well be reasonable.

Hardy
Site Admin
Posts: 8400
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: road debri

Postby Hardy » Thu Nov 05, 2020 4:12 pm

If you want to discuss misfeasance (malfeasance) and nonfeasance first read:
http://classic.austlii.edu.au/cgi-bin/s ... 9/171.html
http://classic.austlii.edu.au/cgi-bin/s ... 9/520.html


Return to “Accidents”

Who is online

Users browsing this forum: No registered users and 1 guest