Accidents caused by poor road conditions can often give rise to an entitlement for a compensation claim.
When the road condition is poorly maintained this can leave motorbikes and bicycles more vulnerable to accidents. Motorbikes and cyclists are more at risk of injury than other drivers as they are more exposed and do not have the protection other vehicles can provide.
It is the responsibility of the council or local authority to ensure the highway is adequately maintained. If you have an accident you may make a claim to the council or local authority if the highway is found to be unsafe.
If you are making a claim it is important to prove that the accident was caused by a defect in the highway. These defects can include:
Also it is the responsibility of the local authority to ‘grit’ the roads when they are icy and slippery, which can also cause accidents.
In cases when there is an oil spillage a poor condition road accident claim can be made by the person responsible for the spillage. For example an oil tanker or a haulage vehicle carrying debris which has not been fasted and collided into your vehicle.
Firstly get as much evidence and information as possible. This will help when you come to make a claim for compensation following a road accident.
Take photographs of the defect and take measurements so that it can be accurately recorded. It is also a good idea to put an object next to the defect to show approximate dimension like a coin or bank card.
If there are any witnesses then take details and ask if they are willing to make a statement.
Note down date, time and location of the accident and detail the events leading up to and surrounding the accident.
Following the accident it is important to report it to the council or local authority. Also report it to the police and request they attend the scene of the accident. The police report will help to validate your claim.
Remember to report the accident no later than 14 days after it happened.
There are instances where the council or local authority may not be responsible for the condition of the road. This can be due to utility companies undertaking excavations and reinstatement in the highway. Although they should return the highway to its original condition, sometimes defects can arise due to poor reinstatement.
The amount of compensation depends on the circumstances surrounding the accident and the decision will take the following into consideration when calculating the settlement:
When you already have an injury and the accident has caused it to worsen then this may also be taken into consideration.
This depends on the claim and what the individual injuries and damages are. If the accident is fairly straightforward then the claim should not take too long. You would come to a settlement in a matter of months.
Serious and life changing injuries can make the claim more complex. This will result in the claim taking longer to reach a settlement agreement due to the extra negotiations it will entail.
Interim payments can also be awarded during negotiations to help with ongoing costs arising as a result of the motorbike accident and to prevent you suffering financial difficulty.
With an automatic no win no fee agreement being available, you will not have to pay a single penny unless your case results in compensation. Our promise to you is that we will not ask you for any upfront payments but only take a small fee from compensation successfully recovered on your behalf.