Roadside barrier

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mudman

Well-Known Member
Very off topic and the result of a bit of idle time thinking.

Whilst driving today down a country backroad on a couple of tight corners I noticed the landowner had fenced the gaps where people’s vehicles had obviously punched through the roadside hedge in the past.

This is flat land so unless the vehicle rolled most times the result would be front end damage and car which could possible drive out afterwards.

Well what caught my attention is the new fencing is a whole series of cut off telegraph posts about 1.5 m high and a meter or so apart. Hit them and it is big trouble, serious injury or death a much increased possibility than the previous situation when nothing was in place bar some hawthorne hedging.

So my thoughts are surely the landowner would be liable for any resulting death or injury? He has put hard immovable objects in places where vehicles obviously regularly leave road thereby massively increasing the risk of said death or injury?

Fields are arable, so maybe saving a tenners worth of wheat preventing a car running into a field.
 
A landowner can be held legally liable for injuries to a motorist caused by fencing on their land, but this depends on whether the fence was maintained negligently, intentionally dangerous, or caused an obstruction to the highway. While landowners generally owe a duty of care to lawful visitors (under the Occupiers’ Liability Act 1957) and limited duties to trespassers (under the 1984 Act), their liability can extend beyond the boundary fence to risks affecting the public on adjacent roads.
 
mudman said:
Very off topic and the result of a bit of idle time thinking.

Whilst driving today down a country backroad on a couple of tight corners I noticed the landowner had fenced the gaps where people’s vehicles had obviously punched through the roadside hedge in the past.

This is flat land so unless the vehicle rolled most times the result would be front end damage and car which could possible drive out afterwards.

Well what caught my attention is the new fencing is a whole series of cut off telegraph posts about 1.5 m high and a meter or so apart. Hit them and it is big trouble, serious injury or death a much increased possibility than the previous situation when nothing was in place bar some hawthorne hedging.

So my thoughts are surely the landowner would be liable for any resulting death or injury? He has put hard immovable objects in places where vehicles obviously regularly leave road thereby massively increasing the risk of said death or injury?

Fields are arable, so maybe saving a tenners worth of wheat preventing a car running into a field.
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Around the area many people put round slabs of timber, concrete that has been poured into a bucket set then painted white also various other bit of concrete on the verge. Most of that land is council/highways with that person maintaining it like it is theirs.
I would park my truck on the verge then go around to dog the pheasants back but the lady on the end house started putting similar items where I parked, 1 they went in the ditch 2 she was told not to walk her dog out of her garden onto the field as there was no right of way "use the footpath"
A chap put lumps of timber on the verge a good way from his where the beaters parked so we "gave them back"
Lots do it!
 
shakey jake said:
If only there was a way to avoid crashing on a bend?
The idea of the landowner being wrong for protecting whats his, is everything that wrong with this country
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Hypothetical situation but……..
Imagine someone you love (I’m thinking one of my kids in a few years) make a stupid miscalculation and comes off a country road at a tight corner.
How would I feel about it if the farmer had placed a dangerous fence at the corner which killed them?

Yeah, I can understand the frustration of the landowner if it’s a repeat occurrence. Putting a fence there that is likely to kill peoples that hit it? Some of you need to have a word with yourselves
 
shakey jake said:
If only there was a way to avoid crashing on a bend?
The idea of the landowner being wrong for protecting whats his, is everything that wrong with this country
Click to expand...
It’s not as simple as that, playing devils advocate.
Car driver hits a motorcyclist, who is then catapulted into the posts and killed. There is then an argument that the land owner has contributed, and whilst not being wholly responsible, in law, could reasonably have foreseen the outcome.
 
palmer_mike said:
Hypothetical situation but……..
Imagine someone you love (I’m thinking one of my kids in a few years) make a stupid miscalculation and comes off a country road at a tight corner.
How would I feel about it if the farmer had placed a dangerous fence at the corner which killed them?

Yeah, I can understand the frustration of the landowner if it’s a repeat occurrence. Putting a fence there that is likely to kill peoples that hit it? Some of you need to have a word with yourselves
Click to expand...
I get the worry of a parent.
My eldest put his car in a ditch near a village caled manea, middle of nowhere, entire car gone on its roof.
Amazingly it was bone dry.
If vermuyden hadnt drained the fen that crash would never have happened!
Sorry even my kid needs to learn how to drive. People need to take responsibility for their action, and i dont mean a farmer.
 
rocketdogbert said:
It’s not as simple as that, playing devils advocate.
Car driver hits a motorcyclist, who is then catapulted into the posts and killed. There is then an argument that the land owner has contributed, and whilst not being wholly responsible, in law, could reasonably have foreseen the outcome.
Click to expand...
What if he planted big trees? Or telegraph poles to supply a house?
No body with any sense would ride a motor bike in the uk, unless they want to keep the organ donor list topped up
 
shakey jake said:
What if he planted big trees? Or telegraph poles to supply a house?
No body with any sense would ride a motor bike in the uk, unless they want to keep the organ donor list topped up
Click to expand...

That’s almost like saying it’s the bikers fault? Yet needing freedom of expression to be able to shoot?

Trees & service poles? What if he built a shed or a factory? That’s not the question, you’re just employing classic internet “whataboutism”
 
Bo Diddley said:
Unless it's the steel cable central reservation barrier that will possibly cut a motorcyclist in half :doh:
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Or stop them driving head on into oncoming traffic on the opposite side of the road?

Central barriers are not designed simply to absorb impact, they are designed to deflect vehicles, including motorcycles, back onto the correct carriageway rather than allowing them to cross over. Provided, that is, they are travelling within the accepted design speed for the road & barrier…
 
rocketdogbert said:
That’s almost like saying it’s the bikers fault? Yet needing freedom of expression to be able to shoot?

Trees & service poles? What if he built a shed or a factory? That’s not the question, you’re just employing classic internet “whataboutism”
Click to expand...
You started the what about a biker. They take their risk, if they hadnt been there they would have hit the fence that car that wasnt there because the driver slowed down hadnt crashed into them, or if they had gone faster the car would have crashed after they had left the bend. How ever you slice it the fence wasnt the problem.
And i dont think shooting and biking are alike
 
A bypass near me has been restricted to 40mph due to the death of a young girl killed by boy racers in a late night car crash. Its a pity that those drivers did not hit a solid object before killing the innocent party travelling in the opposite direction!
 
T2662075 said:
To my mind if you've come flying of the road fast enough to plough through a hedge I'd call that driving without due care and attention. Police would be wanting a word rather than bothering with the landowner
Click to expand...
They may well have nobody to speak to if they hit the telegraph poles. Well it would be a one way conversation at least
 
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