GSX1400 Owners .org
General => Off Topic => Topic started by: Mick_J on Friday, 07 May 2021, 06:41 PM
Just saw this and thought someone is seriously taking the piss.
https://www.msn.com/en-gb/news/uknews/drivers-could-be-criminally-liable-and-may-be-charged-for-driving-over-a-pothole/ar-BB1gpzn5?ocid=msedgntp
If I swerve to avoid it I could loose, if I hit it I could loose. :furious:
So instead of a speed camera they can use an unmarked pothole to ping you...... winner !!
Madness and stupidity!
No one is taking the piss mjgt.
All local authorities have a commitment to maintaining our roads in decent condition - BUT - they cannot be held responsible for potholes which they are not aware of at the time of an incident. They are bound by legislation to physically check the roads within their jurisdiction on a pre-set schedule, just as they do with street lighting. They are also responsible to repair any defects within a set timescale. However, if they can prove that a) they were not aware of a pothole, or b) they were aware but the repair timescale has not been exceeded, then the motorist has no claim or comeback. If that`s not exasperating enough, there is also a `legal` depth limit which defines potholes, ie. which potholes need repair, or otherwise!
From the point of view of the law, if a driver swerves to avoid a pothole and causes an accident, he will always be at fault because the law will always fall on the side of the innocent party, ie. the vehicle coming in the opposite direction, for example. Imagine being hit by an oncoming car because the driver had swerved to miss something. You would certainly be chasing a claim, and rightly so!
That`s life I guess, and sometimes we have to accept what we don`t want to hear! :bugga: