How to claim if a bollard invisible causes damage to my car

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The installation of bollards is a practice increasingly common on the streets to filter the circulation of the different users of the public road. But, like rumble strips (or sound), which is installed in the roadway to force drivers to reduce speed of their vehicles, this type of elements have to comply with certain characteristics, otherwise it may cause accidents or damage.

There are different types of bollards to adapt to the different public spaces : bollards-fixed, removable and automatic. He will also have to take into account the purpose of these, that is to say, if your installation is to obtain the sort of traffic or if its purpose is purely ornamental. In regard to its regulation, is contained in the Royal Decree 505/2007, of 20 of April, by which develops the technical document of basic conditions of accessibility and non-discrimination for access and use of public spaces in urbanized and in The Order VIV/561/2010 of 1 February . So explain to ABC from the Legal department of Pyramid Consulting, Paula Eguía and Itziar Garcimartín.

Their features are gathered in the article 29 of this Order , which specifies that the height of the bollards that are located in areas of pedestrian use shall be between 0.75 and 0.90 m. Its width and diameter shall be at least 10 cm and a rounded design and no sharp edges. The color shall contrast with the pavement in the whole piece or at least in its upper section, assuring their visibility in night-time hours . And in terms of location, shall be located, aligned, and in no case shall encroach into the pedestrian route? accessible or will be reduced in width at the intersections or other points along the route.

if you suffer any type of damage caused by one of these elements, you will have to assess each case and to study the feasibility of the claim of pecuniary liability for the injuries and damages suffered.

For the claim must be submitted an instance in the city you have the ownership of that road or way , specifically in the General Registry of the town Hall, which will direct you to the Claims Heritage. Typically the Municipalities have contracted an insurance for cases of claims of liability. It is important to call the police at the time of the accident to perform the attestation corresponding, provide the testimony of any witness, and take photographs in support of the opposition.

To make sure that our resources are has the potential to thrive “you have to keep in mind that you have to attend a set of requirements that has been setting the doctrine for the origin of patrimonial liability of the Public Administration”, we say from Pyramid.

In the case of the bollards, in the first place, and according to legal precedent, you must take into account in determining the possible liability of the administration , if the purpose of the bollards is to prevent the invasion of cars from pedestrian areas, or they had simple purpose of a garnish or to differentiate areas of the pathway. In the course of which the purpose is only ornamental, the cause would be justified by what, if not part of the negligence or acts attributable to the administration in principle the responsibility of the same would be hardly justifiable.

Another example in which the liability will always be the driver, or hardly imputable to the administration, will be when the damage occurs on the occasion that the driver does not respect the indications of the signs of circulation and has agreed to the route the wrong way.

In cases of damage to vehicles, is estimated to be the responsibility of the administration when the damages suffered in a vehicle, for example, are caused by the detachment of a ball of granite placed as a bollard on the sidewalk, that roll off and hit the vehicle.

The liability occurs by the mechanism of “the-fault-in-monitor” of the Municipality to ignore the proper inspection of the public way being responsible of all the elements that are found in the municipal spaces are in the proper conditions.

Another case in which it considered the responsibility of the administration was the impact of a vehicle against a bollard placed by the City on the road. They also cite another example in which the vehicle of a driver was damaged by reason of the impact of a bollard retractable at the bottom of this, and the responsibility of the administration was estimated.