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Wednesday 5 November 2014 5.01pm
Lead wrote:
Guy's street wrote:
Zoe wrote:
I have asked the council before and they don't remove leaves, however the leaves all end up in the bike lane on New Kent Road and it's really quite hard to navigate without a hybrid/mountain bike. It bugs me that the path next to it is totally free of leaves, how do they all end up in the bike lane, it's an amazing feat of gravity.

Not really that amazing when you think about it - the camber of the road combined with the air streams created by the traffic would naturally blow them out to the side of the road where they get trapped against the curb.

But yes, annoying that pavements seem to be cleared a couple of times a week while cycle lanes are left. I suppose they need to send one of those street-sweeping vans down there.

I think Zoe was talking about the pavement rather than the roads - While the fellas were out there on New Kent Road today, they were blowing the leaves off the walking part of the pavement into the cycle lane. Street-sweeping van on the pavement, not sure that would ever happen.

That's not good, cyclists can really get hurt skidding on leaves and its very slippery out there at the moment.
I fell off last week as my back wheel went straight out from under me on a gentle turn because of a pile of wet leaves in the gutter. I was only going slowly luckily or it could have been worse.
The council workers really should collect the leaves up not just blow then into the bike lanes where they can cause nasty accidents.
Friday 7 November 2014 5.29pm
If you can prove that the council are blowing leaves into the cycle lane, and you have an accident, you should be able to make an insurance claim against the council.
New Kent Road is Transport for London, Red Route, so it'd be them that deals with the road. Same thing applies though, if they've made the road more dangerous and you have an accident because of it - make a claim.
Saturday 8 November 2014 11.24pm
Bit of a big "If".
Sunday 9 November 2014 11.10am
I don't want to sue a public body, I just want to not slip on leaves!
Sunday 9 November 2014 12.26pm
Suing them wouldn't be that straightforward, especially if you suffer an injury. As long as the council/relevant highway authority can show that they have an effective system in place and that it would at some point be cleared of leaves - even if that was a week hence - it has a "statutory defence" under section 58 of the Highways Act. It is not enough for leaves to be in the road. It must be that the council/TfL's sytem of inspection and maintenance (cleaning) would not have picked it up in due course. To rely on this defence all they have to show is an inspection regime and details of maintenance carried out. Many claims fall foul of section 58.

A few years ago I came off my bike on Dunton Road due to a dangerous pothole. As well as hurting myself, I also buckled both of my wheels and then incurred fares for the subsequent fortnight as I wasn't able to cycle to work. The council settled the claim at exactly what I was pursuing - about 120 to cover bike repairs and fares. Obviously if more money was at stake and I was pursuing a claim for personal injury it might not have been so straightforward.
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