Roadworks, do council have any liability?

I would imagine the council have the responsibility for the road works, usually they sub- contract out the project.

In your photo there is a workman in hi vis vest, you could have asked whats the name of the company when taking the photo?

Ring the local council and send an email with a photo of the pole.

Was the pole installed in the middle of the road?

Else I'm finding it difficult to understand how its the councils fault

There is like a dozen poles in that pic - all on the footpath

Pavement looks basically level with the road - not seeing any bevel

that whole area certainly is not all part of the road. there must be a demarcation between road and footpath somewhere. where the guy is standing there is some sort of cover that would be on the footpath rather than the road. there is also the point that they hit a pole while going at what should have been quite a slow speed.

Whats the town/road - so we can see on google maps

looking at the photo, the curves drawn in earlier are indeed the boundary between footpath and shared surface.

If you look carefully at the surface between hi viz man and the pole you can see tactile paving. Its yellow or buff, indicating an uncontrolled crossing point.

The pole is indeed on the footpath portion, probably for a stop or yield sign.

It could have been designed a bit better with a clearer boundary between the footpath and shared surface.

Looks like Tramore, off Broadstreet or Strand Street?

There’s a closed road sign there so should it even be used currently?

To be honest if I was driving down there I’d assume it was a pavement, not saying it is but if it is a ‘shared whatever’ then it’s a balls of a design and I can’t even think that benefit it has over not just having a road and two pavements either side. Other than causing a lot of confusion!

Why has it even been paved when there was a road to start with?

Well on the basis you know that’s happening, sounds about right what’s been said that the pole is in the position to have a no turn sign.

It’s not an impossible turn so I can’t see any liability on the council.

Ah shoot yeah completely forgot the end is closed off

must have been going at quite the clip to do 4000 of damage.

He hit a stationary object, in a lit street, in a construction zone, on a footpath, hard enough to do significant damage to his car.

If that's how the locals take that corner(since you report multiple crashes), I can see why they are redesigning it.

The answer to your initial question is "yes".

A council can be held liable for accidents caused by or in connection with roadworks. However, you must establish negligence on their part.

Generally, creation of a hazard on the highway tends to attract a strict liability. On the evidence, it would have to be decided if the council or their contractors created a hazard by virtue of the way the works were executed.

If the hazard was created by an independent contractor that should not alter the position of the council. Generally, a principal is not vicariously liable for the negligence of an independent contractor. However, a strict liability event such as creating a hazard in the road usually escapes that rule on vicarious liability. In any event there are usually indemnities in place between council and contractors. If proceedings were to issue they would be drafted against the council and the contractor as co-defendants.

Fair point.

I am thinking that if the locus was rendered ambiguous by virtue of the way the works were executed a motorist exercising reasonable care could be effectively led astray. In principle, this reminds me of those cases where road markings were wrongly applied and accidents ensued as a consequence.