damage from roadworks

[MSTRS]

Went for a quick fang to Wairoa yesterday with hXc. LOTS of trucks & Roadworks. On the Wairoa side of the big hill, there was a total resealing job going on. Upshot was the tyre damage you see in the photos. Tar-covered stone caught between the tyre & the guard. Does he just have to suck it up or can the contractor be held responsible?

[SimJen]

Surely he would have heard the noise of it doing damage?

[MSTRS]

Not at 15kph in 1st stuck behind a stocktruck up a steep hill covered in the just-laid chip.

[ManDownUnder]

Bugger mate, but I don;t think the contractor could be held responsible.

Let's put it like this - what should they have done differently?

[DemonWolf]

dang thats some damage done to that tyre.

Sorry can't help with the question being asked.. perhaps request info from the local council.

[Warren]

Since they had all the signs out that the road was been resurfaced then I doubt they could be held responsible. I think you would have to prove they were in negligent some way.

But saying that, nothing sucks more than having to pull of tar covered stones off radiators and paintwork after a trip through the roadworks

[DemonWolf]

:Offtopic: ManDownUnder... like the signature... quite funny. Did you get asked to get the op.. or did you do it on your own accord?

[Sniper]

Bugger mate. I think your mate may just have to suck it up, the seal had just been laid and they would use a line like "its not our fault"

[MSTRS]

I suspect that he does have to just take the tyre-rogering. But hey - if you don't ask......
Bloody frustrating tho - tyre wouldn't have done 1000ks yet

[Blairos]

Must have been a big stone, judging by the damage there - a waste of a perfectly good tyre....

[R6_kid]

extra tread...? :bash:

i have stones go between my guard and tyre all the time and as a result have heaps of scratches on the inside of my front guard (which i dont see and therefore dont care about)

as to whether or not he should make a claim to the company is debatable. Truth is it could have happened on the same stretch of road in a weeks time on a hot day when the tar has melted through the road.

either way that is a pretty nasty gash in the tyre.

[scumdog]

Believe it or not I once bought a rear tyre not unlike that (Conti Sport from memory) with a big groove in the middle.

Bummer luck - but will you still get a few km out of it.?

[MSTRS]

.... - but will you still get a few km out of it.?
Will be talking to the shop about it, but I suspect it would be really thin where the groove has been worn & therefore highly risky for punctures.

[Phurrball]

That's nasty MSTRS!

Yesterday, I had some charming contractors on their way to a sealing job near my abode lob a part-filled 1.5L drink bottle out the truck window...

Bad enough, but I was oncoming round the corner of said lobbing, and the bottle bounced into my right foot! GRRRRRR! No time to follow up as yet.

In your case, I'm unsure about liability: I can't see a way of imparting any liability unless you can prove that the contractors had fallen below a reasonable standard of care...I'm thinking that a stone lodging in your front guard is just a freak accident...unless they had failed to properly warn you (signage) or had done something strange that they shouldn't have done...

Others on the site know more about the law than I - someone else may have better advice...

Cheers,

PB

[bugjuice]

that's shit luck mate..
they might just say 'act of God' and go bite the bullet

[Lias]

If the groove is deeper than the tread grooves I'd say its fucked, otherwise in theory the rubber would be no thinner than where the grooves are already and thus in theory still rideable.

[imdying]

Good tyres are essential to a bikes handling. Regardless of the tyres 'serviceability' I'd be dumping it quick smart.

It's a shame, but shit happens. Plenty of stones around, could have happened anywhere really. Especially after a good fang when your tyres are all luverly and sticky :) I'd be gutted too...

[jonbuoy]

Definately give you some nasty handling quirks on a wet road. New seal everywhere at the moment, pretty much all my favorites have a stretch on them somewhere, will be good when its all packed and cleaned though :)

[Lou Girardin]

That could happen anywhere, not just roadworks. It's a pain but that's life.

[Devil]

Ive been having a whinge lately at the North Shore City Council about roadworks. Some dumb bastard decided that half our street needed re-sealing (read: godamn chip seal! grr). Its a dead end street, and the first half was re-done, so I have to go over it every day.

Find the sealing done, signs up etc. I think thats fine, loose chip everywhere. Thats life. Two days later, they take the signs away and leave most of the loose chip. Its been two weeks now and I've complained multiple times about getting the thing swept and nothing happens. Should I send them a letter and an invoice to get my belly pan repainted because of all the stone chips?

The road is in worse condition that it started in. Bunch of useless fuckers. Tar bleeding through when it wasn't before.

[froggyfrenchman]

Well HXC, im afraid that all you can do is drop your dacks, spread your feet and touch your toes. Luck, plain and simple. No grounds to stand on that i can see. I had a similar mark turn up on a gb one day, Real tight fitting guard and wood falling in my shed had dented it. I took the opossom that knocked the wood down to court, hung jury though

[Gixxer 4 ever]

Well HXC, im afraid that all you can do is drop your dacks, spread your feet and touch your toes. Luck, plain and simple. No grounds to stand on that i can see. I had a similar mark turn up on a gb one day, Real tight fitting guard and wood falling in my shed had dented it. I took the opossom that knocked the wood down to court, hung jury though
That sucks HXC. :cry: As da man said above. :buggerd:

Like the possum thing Froggy :2thumbsup

[Gixxer 4 ever]

Pleased you had a good ride. Sorry we couldn't join you. I went to Taupo on Sunday morning early. What a :ride: :shifty: . Only 3 cars and 3 trucks. Not a sound out of da detector. Filled up and headed home straight away. Had to nurse da bike home. The tyre was getting to the end of it's life anyway but after the fang up I had a look at it at the petrol station and it was a mess. Millions of cracks across the balding centre and the last of the side tread had rolled up and fallen off. :no:
Anyway we will have to get together some time soon.
Cheers and sorry about da 250 tyre. That sucks.

[Gixxer 4 ever]

EDIT: Post below was intended, still logged in on G4E. Dammit!

[speights_bud]

Damn that sucks, i was actually looking forward to going for a bit of a blat after work. (Coz i had such a hard day:laugh: ). It's not the same when you on your own:no:

Well you better get ya groove on and earn some more $$ for a new tyre:woohoo:

[thehollowmen]

You got the right size tyre on there?

I seen large ones make the gap between the gaurd and the tyre smaller and this is what I always thought would happen,...

[speights_bud]

This is the case with my GPX, can't seem to find the right tyre size anywhere on the market. Manual says it should be a 100/80/16 on the front, closest i can find is a 100/90/16.:violin:

[Zapf]

na I think you can try it with the council.

Bike is not modified and it is proper according to NZ WOF regulations.

If a piece of the road came off and then damaged your car / bike then I think the contractor / council could be held responsible.

[Lou Girardin]

na I think you can try it with the council.

Bike is not modified and it is proper according to NZ WOF regulations.

If a piece of the road came off and then damaged your car / bike then I think the contractor / council could be held responsible.


So I can claim for the stone chips on my bike then?
Or cleaning bills from all the dirt on the road?

[MSTRS]

You got the right size tyre on there?

I seen large ones make the gap between the gaurd and the tyre smaller and this is what I always thought would happen,...
Tyre is SportDemon 100/80 x 17 - replaced IRC 100/80 x 17. I cannot get 100/70 in any brand, only 110/70 which is too wide. The risk of it happening again may be slight, but really got no option.

[Zapf]

So I can claim for the stone chips on my bike then?
Or cleaning bills from all the dirt on the road?

Are they not suppose to make roads that are in reasonable conditions suitable for cars / bikes that have been certified for NZ (WOF)?

[nudemetalz]

I can't speak for the Napier City Council, but as I work for Welly City Council Roading and Traffic, I can say that we would definitely look at sorting something out for you if it happened down here.
My advice is go for it and try, what do you have to lose?

[Lou Girardin]

Are they not suppose to make roads that are in reasonable conditions suitable for cars / bikes that have been certified for NZ (WOF)?

Define reasonable.
I don't think it will include billiard table smooth and swept daily.

[Gixxer 4 ever]

Are they not suppose to make roads that are in reasonable conditions suitable for cars / bikes that have been certified for NZ (WOF)?
I thought you were kidding.:mellow: I would like to see HXC get a new tyre cos this is bad luck and he doesn't need that kind of expense but if he got the tyre replaced we would have to pay another $1.50 per litre of petrol to cover all the other claims that would come in. Remember the law wants precedents and this would set one that we would all be up in arms about.

[Gixxer 4 ever]

I can't speak for the Napier City Council, but as I work for Welly City Council Roading and Traffic, I can say that we would definitely look at sorting something out for you if it happened down here.
My advice is go for it and try, what do you have to lose?

Would be the Hasting District council for that part of the road, I think....

Like what sort of thing would you sort out? Have you settled claims before? Wouldn't this damage be a liability to the construction company not the local authority? Have any claims gone to court? This is interesting. I would think there are laws to cover this sort of thing. Should look in to it. You could be in here hxc.