Author Topic: A crane dropped a load of steel on me while riding past - now what :) (Read 6098 times)

Omninorm · « **Reply #20 on:** March 27, 2017, 09:39:20 pm »

Quote from: ktmkobus on March 27, 2017, 09:27:48 pm

I am obviously missing something here. What can be claimed?

In a nutshell - money.
Negligence has taken place and injured someone and their property.

Kobus Myburgh · « **Reply #21 on:** March 27, 2017, 09:44:53 pm »

Quote from: Omninorm on March 27, 2017, 09:39:20 pm

Quote from: ktmkobus on March 27, 2017, 09:27:48 pm
I am obviously missing something here. What can be claimed?

In a nutshell - money.
Negligence has taken place and injured someone and their property.

Understand that yes, and assume that the intention is for the person that were harmed to be in a position similar prior to the incident? But the comments here suggests serious gains from the incident, which is the part I don't understand.

Kampies · « **Reply #22 on:** March 27, 2017, 10:09:16 pm »

Quote from: Omninorm on March 27, 2017, 09:39:20 pm

Quote from: ktmkobus on March 27, 2017, 09:27:48 pm
I am obviously missing something here. What can be claimed?

In a nutshell - money.
Negligence has taken place and injured someone and their property.

The next person might not be as lucky as you due to their unsafe practice. Slapping the contractor on the fingers will not do the trick.

katana · « **Reply #23 on:** March 28, 2017, 06:19:41 am »

I have to agree. A lot of things went wrong on this incident. A lot of workers and safety officers need a wake up.

Glad you are ok!!

Ruff · « **Reply #24 on:** March 28, 2017, 06:59:26 am »

I THINK what you could claim depends on the losses you suffered. If you have suffered a head injury, that will affect your future income potential, that could be a claim on top of the initial medical and damages, for example.
Even if you dont have a claim it is important to ensure that the company owns up to the fact that they nearly killed you and to make sure they implement changes so that they dont kill someone else. I THINK this is the department of labour's responsibility so maybe report it to them.

Sent from my E5823 using Tapatalk

steveindar · « **Reply #25 on:** March 28, 2017, 07:09:16 am »

WOW! And WOW again!

Man that was just too close for comfort, glad you dodged that bullet.

May as well milk it while you can, but certainly get the right legal advice.

Maybe zoomie's lawyer can help

Good luck with that.

I see an upgrade in your future.....

whitedelight · « **Reply #26 on:** March 28, 2017, 08:25:45 am »

Close call,glad you ok.

m0lt3n · « **Reply #27 on:** March 28, 2017, 08:49:39 am »

Does not really sound like you want to push it to hard. Think I would be the same, you are sorted, maybe have it registered so you can still have them pay if more issues or medical bills pop up later, but then I would also probably leave it at that. Is it really worth fighting to pocket something out of this. Could be months of stress and drama going that route, even years.

BikerJan · « **Reply #28 on:** March 28, 2017, 08:58:05 am »

I think you can probably claim for the injuries you suffered and the damages caused by the accident. To proof injuries which affects your future income is a long and hard, very expensive battle, and from what you have told it does not seem as if you were seriously injured.

I would definitely report the accident to the department of labor, as the Contractor clearly is not working in a safe manner. The Contractor will be taken to task to ensure a similar accident does not occur, which is what you want, but I doubt you will benefit in a financial way, as KTMKobus said, which will in any way be unfair and unjust to the Contractor

Pullaway · « **Reply #29 on:** March 28, 2017, 09:01:13 am »

Glad you are OK! As I see it they covered your losses. I think you are wasting your time with the lawyers, this is not the USA. If you feel emotionally ruined, maybe ask the contractor to sponsor you with a few tablespoons of cement!

Dirty Boy · « **Reply #30 on:** March 28, 2017, 11:04:22 am »

Wow, glad to hear that you are ok. Someone was looking after you.

What kept your bike upright when you passed out ? Did it fall over after you 'came around' ?

I guess the cars at the front of the queue must have seen everything, did they stop as witnesses ?

DIRT SKUNK · « **Reply #31 on:** March 28, 2017, 11:11:48 am »

You are one luck Bike
That rebar does not play around
I believe you should have redress? and damages?
best is to see a lawyer?? but that a whole new ball game ??
DS

Fuzzy Muzzy · « **Reply #32 on:** March 28, 2017, 11:16:21 am »

That is karma looking down on you my friend.

IMO you are lucky that you were not seriously hurt.

You are right, in the States they would have been sued for negligence all the way through to pain and suffering.. trauma etc, in SA I m not sure its that easy.

ChristoffGS · « **Reply #33 on:** March 28, 2017, 11:19:43 am »

The Health and Safety okes are going to have a ball with this one...

JohnB · « **Reply #34 on:** March 28, 2017, 11:21:51 am »

Frame that jacket and shirt. You sir have a good story to tell.

Lunatic · « **Reply #35 on:** March 28, 2017, 12:09:47 pm »

Quote from: Dirty Boy on March 28, 2017, 11:04:22 am

Wow, glad to hear that you are ok. Someone was looking after you.

What kept your bike upright when you passed out ? Did it fall over after you 'came around' ?

I guess the cars at the front of the queue must have seen everything, did they stop as witnesses ?

I was riding at approx 40-50km/h as i had just pulled off. The bike managed to stay upright for about 150-200m while i was out.
The cars saw, but it was 5pm traffic and a single lane, so no one pulled over.
Everything was recorded on CCTV from the hotel across the road.

DUSTRIDERS · « **Reply #36 on:** March 28, 2017, 12:18:02 pm »

The bike managed to stay upright for about 150-200m while i was out.

Keep that bike!!

Your story could have had a very sad ending. So lucky it did not.

jaybiker · « **Reply #37 on:** March 28, 2017, 12:59:37 pm »

Lucky doesn't begin to cover it! Profanity aside, even FUCKING lucky is inadequate.

You deserve at the very least full compensation for any loss or injury, plus a consideration for any possible future repercussions.

Beyond that, the legal minefield is beyond my knowledge but IMO, there must be some degree of emotional trauma, and some financial acknowledgement of that would not be undeserved.

Anyway, glad you came out relatively unscathed, that's what matters.

Avontier · « **Reply #38 on:** March 28, 2017, 01:23:49 pm »

You are very lucky to walk away from this one. Collect your new jacket, helmet, shirt and medical expenses, -and then keep walking.

For a claim to succeed you need to prove:
1. Negligence
2. Damages
3. Link between the above
4. the quantum of your damages, i.e special damages (specific items -which they offered), plus general damages (such as pain and suffering, loss of income, etc).

You would probably have a hard time in proving sufficient general damages to justify the effort of taking legal action. You could try to squeeze a bit more out of them, but I suggest you then let it go.

RAF is a no-go, as there was no collision with another vehicle.

Welsh · « **Reply #39 on:** March 28, 2017, 01:41:09 pm »

Lunatic, could you please forward me some numbers for tonight's Powerball you are the luckiest person I know. I have worked construction, I cannot believe your luck.