speed humps.

speed humps.

Postby leamington 1642 » Mon May 06, 2013 6:54 am

hi all.does anyone know if there is a maximum height for a speed hump?.thanks. :thinks:
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Re: speed humps.

Postby rebelwithoutaclue » Mon May 06, 2013 11:02 pm

Not sure but I have been thinking, if a road has a 30mph limit and you hit a speed bump at 20mph, 10mph below the limit and it damages your car, is the council liable?
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Re: speed humps.

Postby leamington 1642 » Wed May 08, 2013 7:23 am

I agree,however how would you prove it!!!.
Last edited by leamington 1642 on Mon May 13, 2013 4:04 pm, edited 1 time in total.
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Re: speed humps.

Postby musashi » Sun May 12, 2013 9:44 am

rebelwithoutaclue wrote:Not sure but I have been thinking, if a road has a 30mph limit and you hit a speed bump at 20mph, 10mph below the limit and it damages your car, is the council liable?


No.
You have a duty of care while operating in the public. A man may be as negligent as he likes in this world, but if a duty of care is imposed, or implied by certain activities, then you are liable. Conducting an automobile on public roads gives you that duty to care for people, other road users and other people's property as well as your own.

"The Last Clear Chance" is the rule. See Davies v Mann (the tethered donkey case) See also the Maritimes Conventions Act, 1911. The case of the "British Grenadier and Bremen", contains discussions on just that matter.

If you claim that you did not see it then you admit you were negligent. You had the "last clear chance". After all, the hump is stationary and you are moving. Do you drive without due care and attention? This is the question you would be asked.

As a by the by, a speed limit is not indicating the speed you must travel at, it is indicating the maximum speed allowed at that point. You may drive at one MPH in a 30 zone and still be negligent.

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Re: speed humps.

Postby Prajna » Sun May 12, 2013 12:31 pm

FREEDOM Best Before: 11 Sept 2001
http://tomboy-pink.co.uk/ and http://DeclarePeace.org.uk/
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Re: speed humps.

Postby musashi » Sun May 12, 2013 12:35 pm

About time you stepped up, little one. I've been spamming again.

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Re: speed humps.

Postby Prajna » Sun May 12, 2013 3:16 pm

FREEDOM Best Before: 11 Sept 2001
http://tomboy-pink.co.uk/ and http://DeclarePeace.org.uk/
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Re: speed humps.

Postby musashi » Sun May 12, 2013 4:50 pm

Prajna wrote:hmm.. this may be a more informative link for Davies v Mann: http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/tenn39&div=12&id=&page=



Yep. Dat's him. Negligence indeedy.

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Re: speed humps.

Postby huntingross » Mon May 13, 2013 10:16 pm

My only flaw to this arguement is why are Councils paying out large sums to people whose vehicles have been damaged on their poorly maintained roads, if it is the responsibility of the people to exercise a duty to avoid the damaged sections of the road.

The term 'their poorly maintained roads' is an understanding that the Councils as trustees must maintain the roads for the beneficiaries.
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Re: speed humps.

Postby musashi » Mon May 13, 2013 11:45 pm

Defense lawyers not worth a damn?

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