Traffic accident with a skip

[Craftsman]

Can anyone help me with my problem?

 

On Friday night i was driving down a side road linking onto a main road. As i approached the junction there was a skip very close to the corner on the left. Opposite this was a parked van - double parked the skip. As i went through the gap a car turned off the main road, coming from my right. I was indicating to turn left. The gap between the skip and parked vehicle was tight and now the turning car made it tighter. I looked in all directions, including wing mirrors, and started to turn left. As i turned my left side of vehicle was caught by skip, causing obvious damage.

I few additional pieces of information to consider - I flagged a police officer in van down, who photographed the skip and position, but also told me that it is a civil matter and would have to contact council, but they would have record of being at the scene.

Next, i took plenty of photos too - and also in daylight the next day.

I contacted Sheffield council (who were great, and very on the ball), they sent a guy out to check the scene. It turns out that the skip had no permit, did not have reflector strips on side of skip, had no traffic cones or lighting (which they should have, but not many do)

The guy (who was incidentally a really informative guy, who definitely knows his stuff) informed me that as well as the aforementioned, that the skip was positioned quite badly. The council guy immediately ordered the skip be removed by the skip company.

I have been driving for 25 years and have never caused an accident. Believe me, if this was my fault i would not pursue this - but it isn't - what do i do next??

[mafya]

Can anyone help me with my problem?

 

On Friday night i was driving down a side road linking onto a main road. As i approached the junction there was a skip very close to the corner on the left. Opposite this was a parked van - double parked the skip. As i went through the gap a car turned off the main road, coming from my right. I was indicating to turn left. The gap between the skip and parked vehicle was tight and now the turning car made it tighter. I looked in all directions, including wing mirrors, and started to turn left. As i turned my left side of vehicle was caught by skip, causing obvious damage.

I few additional pieces of information to consider - I flagged a police officer in van down, who photographed the skip and position, but also told me that it is a civil matter and would have to contact council, but they would have record of being at the scene.

Next, i took plenty of photos too - and also in daylight the next day.

I contacted Sheffield council (who were great, and very on the ball), they sent a guy out to check the scene. It turns out that the skip had no permit, did not have reflector strips on side of skip, had no traffic cones or lighting (which they should have, but not many do)

The guy (who was incidentally a really informative guy, who definitely knows his stuff) informed me that as well as the aforementioned, that the skip was positioned quite badly. The council guy immediately ordered the skip be removed by the skip company.

I have been driving for 25 years and have never caused an accident. Believe me, if this was my fault i would not pursue this - but it isn't - what do i do next??

 

If the skip had no permit and no lights or reflective markings than that is illegal so you would have a good chance of getting damages.

If you have legal cover on your car insurance than use it and instruct solicitors, this is what I would do.

[Craftsman]

Thanks for reply.

I have 3rd Party, f & theft - not fully comp.

I think i may have to contact skip company, see what response is. At the worst i will have to contact a solicitor. Really hard to know what to do, i havent been through this before.

[mafya]

Thanks for reply.

I have 3rd Party, f & theft - not fully comp.

I think i may have to contact skip company, see what response is. At the worst i will have to contact a solicitor. Really hard to know what to do, i havent been through this before.

 

If you are third party than ring up a claims company and see if they will take up your case.

Go and see the skip company and politely say "are you going to sort it out or do i take it further, they may pay up.

When i did my lorry test i was told skips need a permit to be on the road and have to have lights or at least some reflective markings, if not you are breaking the law.

[Rupert_Baehr]

If the skip had no permit, no lights and no reflective strips than that is a matter for the police.

 

Unfortunately, the lack of permit, nor the lack of lights, nor the lack of reflective strips, nor even the fact that the skip was placed inappropriately and (arguably) obstructing the highway could be cited as the cause of the accident.

 

The accident was caused by your (perhaps understandable) error in judging the size of the gap.

 

It's easy to talk with hindsight, I know, but had you come to a complete halt, then the skip wouldn't have leapt out and hit you.

 

(The oncoming vehicle might have hit you, but you could argue that you had no choice but to do what you did (bring the car safely to a halt) and that the driver of the oncoming vehicle was at least partially to blame for failing to stop.)

 

From what you say (and I have no reason to doubt what you say) you were driving responsibly, but - unfortunately - it was you who made the error of judgement. That error of judgement caused the accident (although the actions of others may have made the error of judgment more likely.)

 

By all means talk to your insurers - but I doubt they would be interested in the case.

 

If you can get a free consultation with a Tort Lawyer, take it. That lawyer may well talk about the 'hurdles' you must cross to prove negligence.

 

1. A duty of care (see Donoghue v Stevenson)

2. Breach of that duty (see Nettleship v Weston)

3. Breach causing harm in fact (see Smith v Leech Brain & Co.)

4. The harm must be not too remote a consequence of the breach (see The Wagon Mound (No 2))

 

(1) and (2) are probably OK, but you might have difficulty with (3) and (4).

 

By all means consult a lawyer, but be aware that it's likely to cost you money.

 

You could also write to the people who put the unlighted skip there and see if they're willing to make an ex gratia payment to cover your costs.

 

If I was you, I wouldn't hold my breath though.

[MrSmith]

Can anyone help me with my problem?

 

On Friday night i was driving down a side road linking onto a main road. As i approached the junction there was a skip very close to the corner on the left. Opposite this was a parked van - double parked the skip. As i went through the gap a car turned off the main road, coming from my right. I was indicating to turn left. The gap between the skip and parked vehicle was tight and now the turning car made it tighter. I looked in all directions, including wing mirrors, and started to turn left. As i turned my left side of vehicle was caught by skip, causing obvious damage.

I few additional pieces of information to consider - I flagged a police officer in van down, who photographed the skip and position, but also told me that it is a civil matter and would have to contact council, but they would have record of being at the scene.

Next, i took plenty of photos too - and also in daylight the next day.

I contacted Sheffield council (who were great, and very on the ball), they sent a guy out to check the scene. It turns out that the skip had no permit, did not have reflector strips on side of skip, had no traffic cones or lighting (which they should have, but not many do)

The guy (who was incidentally a really informative guy, who definitely knows his stuff) informed me that as well as the aforementioned, that the skip was positioned quite badly. The council guy immediately ordered the skip be removed by the skip company.

I have been driving for 25 years and have never caused an accident. Believe me, if this was my fault i would not pursue this - but it isn't - what do i do next??

 

You make it sound like the skip drove into you, after 25 years of driving you should by now be able to drive past a stationary object without hitting it. I agree with Rupert_Baehr you may have a case if it was illegally positions but the money it will cost to pursue it would be better spent on advanced driving lessons paying particular attention to clearance to obstacles and approaching hazards.

[shaunr68]

How fast was the skip going when it hit you?

 

Seriously though, regardless of whether it was badly lit and poorly positioned, you drove into an inanimate object. I really can't see how the blame can be shifted onto the skip hire company, though they may be in breach of their permit.

[upinwath]

Can anyone help me with my problem?

 

I was indicating to turn left. I looked in all directions, including wing mirrors, and started to turn left. As i turned my left side of vehicle was caught by skip, causing obvious damage.

 

Believe me, if this was my fault i would not pursue this - but it isn't - what do i do next??

 

I would get the driver of the skip and ask him to pay for the damage caused by it running into your car.

Was the skip indicating and did iy give you any warning it was going to move out?

 

Hang on....the skip wasn't on a wagon; it was just there and not moving.

Perhaps you just turned a tad too tight and hit it.

 

Indicating and looking all directions. Rubbish.

You hit a ruddy great big lump of metal because you can't drive properly and you're expecting someone to pay for your error.

 

What to do next. Delete the thread then learn to drive.

[theripsaw]

Did you do any damage to the skip?

[Craftsman]

Thanks for the feedback, if not some quite brutal. I did hit a static object (skip) but it was illegally placed. It was not marked so that it was visible to an approaching driver. I didn't go into the side of the skip, only the corner that was jutting out into the road (unmarked without any cones, lights or reflector strips - which by law (for a reason) they should have. The point i made in regards to there being no permit, and that the council guy thought it was in an inappropriate position and therefore got it removed straight away, im sure adds to my case.

I can understand where people, as with some of these post responses, would say that its me that needs to spend my money on advanced driving lessons. Thats a quick reflex response to make. I am a builder and have driven a van, plus a number of other types of vehicles over the years. I am a competent driver. If an object is hanging out in the road on a dark night, unmarked, and the darkness of it blends into the night - is that not cause for concern? If i put a scaffold up for a job and it is near pedestrians, the scaffold at ground level by law needs to be visible. There are a number of other safety precautions i would have to take also.

That is why the law dictates what the skip companies must do to avoid my particular scenario.