Injured from Road Debris? Know Your Options

by | Jun 14, 2021 | Uncategorized | 0 comments

Those who become injured due to a road surface can find it challenging to make a successful claim, but it is possible.

As a solicitor and keen cyclist, I am often asked by fellow cyclists about accidents that occur when the bike is taken from beneath them due to loose stones, chippings and shale on the surface of the road.

Unless it can be shown that the loose material has come about as a consequence of deterioration in the road surface, then the prospect of holding a Local or Highway Authority to account for a personal injury is remote.

A case by the name of Valentine offers some useful guidance

In this particular case, it was a motorcyclist who came off his motorcycle whilst going around a corner.

The cause of his motorbike sliding from beneath him was due to the wheels coming into contact with loose material consisting of stone chippings and grit/shale.

There was no defect in the road surface (pot holes etc.) that had caused the loose material to be present. The case ended up in the Court of Appeal.

The Court of Appeal refused to allow the claim to proceed against the Highway Authority as the duty under The Highways Act 1980 only extended to the maintenance of the structure and fabric of the road and not to surface-lying material.

However, the claim was allowed to proceed against the Local Authority on the basis that there was the possibility that the failure to sweep that particular section of the road created a trap.

The Local Authority had taken a positive act in implementing the periodical sweeping alongside the kerbs.

An example of a successful road debris accident claim

I have successfully pursued a claim on behalf of a cyclist who came off her bicycle and sustained serious injury as a consequence of coming into contact with shale on the road; where such “debris” had been deposited on the road as a direct result of deterioration in the road surface.

Related Posts

Are Bicycle Pedals Universal? Know the Facts

Are Bicycle Pedals Universal? Know the Facts

To simply answer: No, bike pedals are not universal. Not only visually or for their different purposes for various cycling disciplines, but also internally. Bicycle pedals mainly have two sizes: 9/16” and ½”. The 9/16” is the more standard version of pedals and covers...

Cycling vs Running: Which Is Better?

Cycling vs Running: Which Is Better?

Cycling causes fewer injuries and lets you explore farther. Running is cheaper and better for burning calories. Which one is better for health and for weight loss? Which one is more fun? What’s the ultimate answer to the cycling vs running question? Does cycling burn...

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

0
    0
    Your Cart
    Your cart is emptyReturn to Shop
      Calculate Shipping
      Apply Coupon