A guide to making a No Win No Fee accidents caused by poor road condition claim
Motorbikes and bicycles are more vulnerable to poorly maintained and slippery road surfaces than any other vehicle. Motorcyclists and cyclists are more at risk of injury as they are more exposed than other drivers and do not have the protection of seat belts and head restraints that other vehicles provide.
A local authority has a duty of care to ensure that the roads in their area are safe. In some instances, a claim can be made against a local authority if the claimant suffers an injury due to the authority failing to ensure that a road surface is safe. This is detailed under Section 41 of the Highways Act.
Making a claim for a defective road surface accident
To make a claim, a Claimant must prove that the accident was caused by an 'actionable defect'. A Claimant must be able to prove that the defect is a hazard to road users.
This includes accidents caused by: potholes, uneven surfaces and loose chippings. Local authorities are responsible for the maintenance of public roads as well as ensuring that the roads are gritted sufficiently when road surfaces are icy and slippery.
A claim could also be made if the accident is caused by an oil spillage. This could be made directly against the person who is responsible for the spillage.
What action should be taken after the accident?
In the first instance, photographs should be taken of the scene and if possible, the names and addresses of any witnesses should be collected. Photographs should be taken with measurements so that the length and depth of any defects can be accurately recorded. Coins or other standard size objects can be used in the photograph to evidence dimensions.
The incident should be immediately reported to the relevant council. It should also be reported to the police as son as possible and ideally they should be asked to attend the accident scene. The incident should be reported no later than 14 days after the accident occurred.
How much compensation can be claimed?
The amount of compensation will be dependent on the type and severity of the injuries as well as any long lasting effects.
Compensation can also be claimed for any extra expenses incurred, such as travel costs and medical bills. All receipts should be kept as evidence.
Quittance's expert panel of solicitors are experienced in dealing with motorbike and bicycle accidents caused by defective road surfaces.
If you have suffered as a result of a road accident, contact Quittance on freephone 0800 612 7456 or complete an online form and we will call you back at a time that is convenient for you.