Veteran cyclist sues local council over dodgy grate

A passionate cyclist who became a quadriplegic after his bicycle wheel got caught in a treacherous drainage grate is suing Mornington Peninsula Shire (Victoria) for negligence, the Mornington Leader reports.

Before the accident, Gerry Russell – a fit and healthy seventy year old – was enjoying his retirement doing the things he loves: skiing, yachting and riding. Previously a physical instructor in the Royal Navy, Mr Russell used to ride up to 400 kilometres a week before he was flung from his bicycle on 15 September 2015. Now, Mr Russell has lost movement in 98 per cent of his body.

Mr Russell is suing the Shire for pain, suffering and loss of income.

 

[h2_heading]The Facts[/h2_heading]

Mr Russell told a local Mornington newspaper that he was cycling along his usual route, when he carefully moved to the side of the road to allow a car to pass.

“Then my wheel stuck and I flew over the handlebars — I was wearing a helmet so that took the brunt of the force, but I snapped my neck,” he said.

“As soon as I came to, I tried to move and realised straight away that I couldn’t.”

Mr Russell’s wheel caught on an old drain – thousands of which remain in place across the shire.

Misaligned drainage grates have caused multiple riders to crash in recent years. According to Mr Russell, at least three other cyclists he knows have been injured in similar accidents. Local cyclists are urging the council to replace the old drains.

 

[h2_heading]The Outcome[/h2_heading] There is no current estimate for the compensation sought by Mr Russell. The case is listed for trial in May 2018.

However, local councils across Australia are granted a certain level of protection against claims like this. This is because it is simply impossible for local councils to ensure all roads are in good condition at all times.

The Civil Liability Act 2002 provides that road authorities are not liable for accidents arising from a failure to carry out or consider road work, unless the road authority had actual knowledge of the issue which caused the accident.

This means that Mr Russell will need to prove that Mornington Peninsula Shire knew that the grates were a risk.

[h2_heading]The Consequences[/h2_heading]

 If you are injured due to someone else’s negligence, you may be eligible to receive compensation for your injuries. However, you must prove that the local council responsible for the road knew (or should have known) of the problem.

Usually, this requires evidence of previous complaints made to the local authority about the road to prove the Council knew the hazard existed. Evidence that the Council had recently inspected the road, or had not inspected the road in a long time, is also useful.

If you notice an issue with the road, you should contact Council. If another cyclist is injured because of that same issue, your complaint will be very useful evidence for their claim. Take care, and look out for your fellow riders.

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Written by Emily Billiau | Principal