From the Press Association:
A council which billed a motorcyclist for damaging a road when he collided with a stray sheep today defended its decision.
Biker Moray Ferguson was sent a bill for £200 by Aberdeenshire council after his bike hit a sheep which had wandered into his path on the unclassified Cuminestown to Fyvie Road.
The 47-year-old was flung from his black Honda Fireblade motorbike which burst into flames, and suffered a broken hip socket, pelvis and collarbone, seven cracked ribs and a collapsed lung in the accident.
The fire caused the road surface to melt, leaving it with a "bubbly" texture covering approximately six feet by six feet where the accident happened, a neighbouring farmer said.
The sheep was also killed in the accident, which happened on July 4 this year.
After five weeks of hospital treatment, the father-of-two returned home, but was shocked when Aberdeenshire council sent him their invoice to cover the cost of repairing the road surface.
A council spokesman said it was a "standard procedure" to charge people involved in accidents for damaging its roads.
But Mr Ferguson, a construction engineer, from Cuminestown, Turiff, told the BBC he was "completely shocked" by the bill.
"I didn’t know there was going to be a stray sheep on the road," he said. "The accident wasn’t my fault."
Mr Ferguson’s wife, Susan added that the road was "really bad for stray animals wandering about".
The road was temporarily repaired, but neighbouring farmer Davey Moir, of South Teuchar Farm, said the council still hadn’t fixed the damage.
"The tar melted in a puddle. There isn’t a big hole, but the surface is bubbled now," he said.
"It hasn’t been fixed yet, and you can still see the chalk marks from the accident.
An Aberdeenshire council spokesman defended its decision to try and claw back the money for repairing the damage.
"When damage is sustained by the public road network as a result of an accident it is the council’s duty to reclaim the cost of the required repair work from the relevant party involved.
"We regret that the motorcyclist was injured but we contact individuals involved in accidents which cause damage to our property directly because it gives them the option of putting it to their insurers, or paying for it themselves if it’s a minor claim and they don’t want to affect their no claims bonus.
"This is standard procedure, except in the case of fatal accidents, where requests for payment are sent directly to insurers.
"It may be that his insurers will be able to reclaim costs from the owner of the sheep if they were negligent in some way, for example, if there was a hole in fence or a gate was left open."
RustyKnight In: Newton Aycliffe
Posts: 2462
Karma:
I think it's right for the council to charge the rider, it was his bike that melted the road but farmers should be prosecuted when animals wander onto the road or indeedy when they leave mud all over the place etc.
Surely it's up to the rider to trace the sheep and recover the costs from the farmer?
If the council had to foot the bill for damage caused by accidents it would be us tax payers picking up the bill and we pay for enough through our taxes/insurance premiums already!
The tax payer/insurance payer will ultimately foot the bill anyway, as he won't pay for it out of his own pocket, he'll claim through his bike insurance... they in turn will sue Honda for the bike exploding in the first place... Honda will up the price of Blades... Or he'll sue the farmer for allowing his sheep to get out onto the road, and it'll all end up in the European Court of Sheepses Rights, we'll have a few hundred EU Directives as a result, the Government will try to increase income tax so they can afford to implement the Directives, but then they'll realise that it'll be an election loser for them, so they'll reduce the amount they give to Local Authorities instead, Council Tax will therefore increase...
Well i think the sheep should pay the bill .........bloodly jaywalking four legged Ba'#'#=rd .........have you seen the price the buggers charge for wool
RustyKnight In: Newton Aycliffe
Posts: 2462
Karma:
exc last summer I made the mistake of BBQin over some creosote logs and apart from the lingering smell on our clothes for days the food tasted a bit like tar soaked lamb, not bad at all
Hey just thought B & Q are doin a special 10% discount offer til end of month wahooo must go get me one of those, any other suggestions whilst i'm there?