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who is at fault

who is at fault

Postby fran » Wed Nov 01, 2017 12:25 pm

Bus hits overhanging branch into main road.. normal bus route .. 3 persons hurt by glass from branch going through bus top deck window... Council for road - bus company - owner of land where tree is rooted ... bus driver does not inform police - no medical assistance given - ... who would be responsible ... ??
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Re: who is at fault

Postby atticus » Wed Nov 01, 2017 1:21 pm

You do not explain why you include "council for road".

As to the landowner, see this thread and the Delaware Mansions case referred to. viewtopic.php?f=25&t=8306.

A claim against the bus company may be tricky if this is a regular route on which this type of bus is regularly used.

If there is an injury claim in this, consult a specialist solicitor in your area to see if they will consider taking the case on with a conditional fee agreement ("no win no fee").
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Re: who is at fault

Postby diy » Wed Nov 01, 2017 1:28 pm

Bus Driver is responsible for the accident. He also hasn't followed the law or procedure.

He should have provided details to anyone injured and he should have stopped at the scene of the accident if it was safe to do so.

https://www.legislation.gov.uk/ukpga/19 ... ection/170

If he didn't stop, he was obliged to report it to the police asap within 24 hours

I have a 3M high Motorhome and I'm always keeping a look out for overhanging branches, occasionally you miss one and get a bit of a clatter, but you accept its your fault for not checking its clear.

Land owner might also have some liability for the injuries - if he was notified
https://www.legislation.gov.uk/ukpga/19 ... ection/154

He should also be ready to give first aid if required.
My suggestions are not legal advice
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Re: who is at fault

Postby fran » Wed Nov 01, 2017 5:54 pm

thanks for your answers. I was naming the parties concerned, not specific. The Council responsible for highways. I have written to all parties and none will accept any "ownership" of the issue. They pass me on to the other parties. I just cant get anywhere with this matter. Is there case law I can cite. Thanks again for help.
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Re: who is at fault

Postby atticus » Wed Nov 01, 2017 6:01 pm

case law on what point?
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Re: who is at fault

Postby diy » Wed Nov 01, 2017 9:13 pm

If you suffer injuries as a result of a motor vehicle accident you claim against the driver who caused the accident. Unless the branches suddenly fell in to the path of the bus, the driver is at fault for failure to check that he could safely navigate the route given the known dimensions of the vehicle. You contact the insurer and make your claim. You will probably be put to strict proof to back up your claim. There are a gazillion claims companies who can look at this for you.
My suggestions are not legal advice
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Re: who is at fault

Postby atticus » Wed Nov 01, 2017 10:11 pm

If you want to go near a parasitic "claims company", then read the tiny print very carefully.
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Re: who is at fault

Postby fran » Sat Nov 04, 2017 6:22 am

I have said that they are all ignoring this. Totally 100% passing the buck between .. Landowner (tree), Council and bus company. I can not make a dent with these people. My stance is that the driver is at fault. But I get NO sensible response. They fob me off. I have written to all 3 partys concerned. I checked with police and they did not report the incident. The driver was taken off the job route. Makes me wonder if he was drunk or using a phone or whatever (not saying he did this) just wondering why police were not informed. The boy only had slight cuts to head and arm. He was not hospitalised but the point is the partys concerned do not want to know mu concerns.
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Re: who is at fault

Postby atticus » Sat Nov 04, 2017 8:07 am

Consult a specialist solicitor in your area to see if they will consider taking the case on with a conditional fee agreement ("no win no fee").
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Re: who is at fault

Postby dls » Sat Nov 04, 2017 5:51 pm

They will happily tell you to go away, hoping that you do just that. It says nothing as to whether they consider themselves liable.
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