Hit a Traffic Cone during Road Works at Night

Lphoenix17 on 21/09/2022 - 10:17
Last edited 22/09/2022 - 19:08

Hi Ozlawyers, seeking some advice on this one.

I was travelling along where they were completing road works, which occurs over a fair length. The section I was driving through had no street lights (so visibility quiet low), oncoming lane was closed and traffic cones were put up on the side I was traveling, temporarily dividing the two-lane road I was travelling on. It looked like they were milling and re-sheeting a section of the road further down, so this section of road wasn't even being worked on nor was any contractor present.

At a point where the road dips I ran over a traffic cone that was laying flat on the ground, located in the middle of my lane. Someone had hit the traffic cone from the oncoming side and knocked it into my path. My car dragged the traffic cone for a considerable distance (100m or so) before I was able to safely pull-over to observe the damage. I could not stop in time due to a combination of: low visibility and not noticing the cone till the last second, and traffic following closely behind me.

Observed was the traffic cone wedged underneath my bumper. Snapped the vertical crossmembers(?) and damaged the undercarriage guards, sheared it right off the bolted connections.

I'm thinking of letting Insurance handle it but the car is way under Insured (2.7k agreed vs 5k market value) and the excess is $900. Also, the car is an older 1990s car so bumper replacement parts may not be readily available. So it may not even be worth pursuing. I'm not sure if excess would be waived in this situation?

Alternatively, I'm thinking of just sending the car and getting a quote, then sending the traffic control company a letter of demand and seeing what happens? Not holding my breath on it.

Otherwise, I'd just leave it as it is as the car is still driveable.

Poll Options

  • 7
    Let Insurance handle it, that's what you're paying them for.
  • 18
    Get quote and send traffic controller/principal contractor a letter of demand.
  • 71
    Leave it and move on.
Automotive

Comments

  • GG57 on 21/09/2022 - 10:35

    What speed were you doing, and what was the speed limit?

    • phoenix17 on 21/09/2022 - 10:37

      40 down from 80.

      • GG57 on 21/09/2022 - 11:08
        +18

        If you were at the maximum of 40, you should have been able to see it if your headlights were working.

        • CodeXD on 21/09/2022 - 11:15
          +4

          100% this, you'll need to prove that you were not able to see the cone driving at 40, with your headlights.

          • phoenix17 on 21/09/2022 - 11:18

            @CodeXD: Yeah I can't prove any of this without dash cam footage :s So maybe the consensus is just to leave it. The damage is consistent with the speed, anything higher would of resulted in more severe damage but thats really the only point I have.

            • FLICKIT on 21/09/2022 - 12:24
              +3

              @phoenix17: It sucks but…. Defensive driving… especially in a road works zone where there's a stack of signs warning you there could be hazards….

              Like the stick thread the other day, people just need to own incidents like this rather than try to place blame on others…

            • antojamo on 21/09/2022 - 12:42
              +2

              @phoenix17: If you were doing 40m and it took 100m to stop, maybe you should check your brakes. Or your you towing a heavy trailer?

              • phoenix17 on 21/09/2022 - 12:46
                +2

                @antojamo: I couldn't stop because there was nowhere safe to pull over. I dragged the cone for approx. 100m before I could safely stop. I initially thought I ran over it and it went behind me but realised later I was dragging it.

                • Mugsy on 22/09/2022 - 07:35
                  +1

                  @phoenix17: Pulling over has nothing to do with it. If there is a hazard in front of your car, you simply stop and maybe even put the hazard lights on to let the cars behind you know there is an issue. If for safety reasons you cannot get out, being a construction area, there ought to be a traffic controller who will eventually come see what the issue is and move the cone for you.

  • Mokr on 21/09/2022 - 10:38

    You got a Google maps street view of the road.

  • AndyC1 on 21/09/2022 - 10:39
    +3

    Council road works normally have a 40km speed sign in NSW, so what speed were you doing not to be able to see the orange cone in time?

    • pegaxs on 21/09/2022 - 11:35
      +20

      The same speed everyone else in NSW does in a 80km/h zone, reduced to 40km/h for road works… 90.

      • pharkurnell on 21/09/2022 - 11:39
        +1

        its the same in Vic… they could clear the national debt if the cops sat in the roadworks area round Western Port freeway for last 2 months the roadworks were going on… saw 1 cop once in all that time, and it was NFG.

  • ifyareckon on 21/09/2022 - 10:40
    +2

    Given parts availability (or lack of) vehicle is likely to be considered a write off by insurance. Hit up the contractor, failing that check marketplace for a replacement.

    • phoenix17 on 21/09/2022 - 10:46

      Yeah I was hesitant even involving IC due to this reason and the excess but have generally never tried to claim or been involved in an accident before.

      • ifyareckon on 21/09/2022 - 11:22
        +1

        I purchased a similar Celica last year. Had a broken indicator lens and a bracket under the bumper bent from an accident. Insurance had written it off, parts off marketplace cost under $400.

  • Jimothy Wongingtons on 21/09/2022 - 10:53
    +4

    im so lost without an ms paint diagram

    • phoenix17 on 21/09/2022 - 11:00
      +13

      https://pasteboard.co/GHMNmz9i1K3o.png

      The sad excuse is I used a surface pen to draw it.

      • Jimothy Wongingtons on 21/09/2022 - 11:04
        +5

        if this is not a burner account i actually am impressed with your dedication to the ms paint diagram meme

        • brendanm on 21/09/2022 - 17:21
          +1

          member since 2010

          Looks like op is playing the long game if it's a burner.

      • pharkurnell on 21/09/2022 - 11:43
        +2

        everyone at work is looking at me wondering what Im laughing at…. LMAO

  • JIMB0 on 21/09/2022 - 10:53
    +5

    So you sped through roadworks, knocked over a traffic cone then stole it?

    • pharkurnell on 21/09/2022 - 11:41

      Those cones are worth good money… enough to fix a smashed bumper on a celica at least.

  • FloatingPoint on 21/09/2022 - 11:09
    +2

    I bet you won't get anything.

    On the other hand the traffic controller could report you to the police and you will get a fine for driving without due care.

  • Danstar on 21/09/2022 - 11:16

    So if you hit another car from behind on the road because of no street lights on the road; whose fault is it ?

  • dragong87 on 21/09/2022 - 11:25

    Hard to prove.
    Were you driving to wollongong from sutherland? lol

    • phoenix17 on 21/09/2022 - 11:28
      +1

      Was on the way back. I assume you know the road and saw the road works. It was just where Princes Hwy dips before President Ave.

      • dragong87 on 21/09/2022 - 13:05
        +1

        yep. i drove past last night as well and will agree that road is quite dark.

  • try2bhelpful on 21/09/2022 - 11:49
    +3

    I think road works would be considered “due care”. 40 is considered the maximum speed not the required one. If you can’t see hazards around road works it would be considered you weren’t driving in a safe manner. It sucks but I think that is how they would view it.

    You might’ve had a shot if you got the guy who knocked the cone into your path. He/She was the negligent one.

    The roadworks guys will, probably, hit you up for the replacement cone. I’d leave them out of it.

    • phoenix17 on 21/09/2022 - 11:52

      Appreciate the reasonable response. Will stay out of it.

      Might even consider myself lucky, the cone would of went completely under my 4wd if I had been driving that instead and hit the car behind me.

      • try2bhelpful on 21/09/2022 - 12:08

        The other thing to keep in mind is would is be considered roadworthy in its current state?

        It might be the Gods telling you to upgrade.

  • tsunamisurfer on 21/09/2022 - 12:03
    +3

    I doubt the traffic management company will be held responsible.

    If they set it up correctly, then some mofo knocked it over 10 seconds before you, do you really expect to label the company as negligent if they don't post a man every 5 metres to hoist it back up?

    If I was the traffic company I would respectfully tell the OP to F#$% off.

    • phoenix17 on 21/09/2022 - 13:22

      Yeah actually fair point.

  • Euphemistic on 21/09/2022 - 12:41
    +2

    You can try to get money from the contractors, but unlikely. They have pretty strict controls on checking and inspecting cones and signs and will have records of such. In between said inspections you’re on your own and need to take due care.

    Take it as a lesson that roadworks conditions are unpredictable and thats why you need to slow down and take additional caution. What if it had been a road worker that tripped over in front of you?

    Get a quote for cash repairs and make your own decision.

  • dtorr on 21/09/2022 - 15:18

    I would be surprised if you couldn't easily find a bumper from the wreckers for your '99 Celica.

  • 2024 on 22/09/2022 - 08:56

    I think you'll find your plum out of luck.

    As far as the cone goes, you hit it so you're at fault. It's not like if was placed by the road crews in the middle of the lane.
    If it were in a manned section of road you might have a small argument that the contractor should have cleared it before you hit it, but roadworks are 40km/h so if paying attention then you have time to avoid such things.

    What was this cone make of that it snapped crossmembers?
    I can definitely see it making a mess of splash guards and it's flimsy plastic clips etc but not a cross member. If it did, how has that motor stayed in you car for so long till now??

    Insurance wise, no one waves excess of you are at fault. You'll get your $2.7k minus excess and whatever premiums still owing for the year.
    The coverage being low is also on you, you could have shopped around and found a policy for one you feel covers the value of your car better.

    Rather than spending time posting for hopeful good news, time would be better spent ringing local Auto wreckers / pick-a-part and finding a Celica of your year (and even better colour as well) and swapping it out yourself.

  • LFO on 22/09/2022 - 10:49

    Sorry, you hit a stationary object.
    Painful as it is, is on you only.

    Perhaps your own Comprehensive insurance will pay? Probably not worth it.

  • rowenaduncan on 26/10/2024 - 09:47
    -1

    "I could not stop in time due to a combination of: low visibility and not noticing the cone till the last second"

    Another way it will be viewed - what if that was one of the workers?

    I've done roadworks for a long while - 40km is posted for many reasons, this is one of them. Another is when we have asphalt "newbies" on site, they often forget where they are and step backwards into the traffic. If you can't stop in time to avoid a cone, you won't stop in time for a human either.

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